
Book.__iH_X4i4_ 



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CQEXRIGHT DEPOSX'n 



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LIFE 



AND 



SELECT LITERARY REMAINS 



OF 



SAM HOUSTON, 



OF TEXAS. 



TWO VOLS. IN ONE. 



BY 



WILLIAM CAREY CRANE, D.D.,LL.D., 

President of the Baylor University^ Independeiice, Texas. 




PHILADELPHIA: 

J. B. LIPPING OTT & CO. 

1884. 






copyright secured, 1 884, by 
Wm. Carey Crane. 



I 

1 



PREFACE. 



IN the year 1865, Mrs. Margaret M. Houston (widow of Gen. Sam 
Houston), with whom I had become acquainted at Marion, Ala., 
in August, 1839, when she was Miss Lea, requested me to undertake 
to write the life and edit and publish the literary remains of her hus- 
band. I did not then feel competent to the task, especially as I had 
only seen the General twice in my life, once at the President's house 
in 1846, and again on the floor of the U. S. Senate in 1852 ; on both 
occasions while I was with our mutual friend, Hon. Stephen Adams, 
M. C. from Mississippi. With reluctance I consented, in the belief 
that the parties to whom she referred me for aid and information 
would give me their assistance. None of these parties have, to this 
day, given me any aid, except two ; to whom due credit has been 
given in this work. All counselled delay. An extract from one of 
the gentlemen named as my counsellor and assistant, will account 
in some measure for delay. It is dated March 23, 1866: " It does 
not seem to me that there is any pressing urgency to present the 
Life and Labors of Gen. Houston to the world. It is true that they 
will possess a paramount interest so long as the Republic, or State, or 
Country of Texas, whichever it may be, shall possess an interest for 
men ; yet even in this view there is an advantage in bringing out a 
book in an opportune time. At the present time every mind that 
thinks is powerfully, often painfully preoccupied with the strange, 
anomalous, grave condition of our affairs, with the uncertainty of 
our future and of that of the gigantic Government of the United 
States." The writer of the letter from which this extract is taken 
referred me to my old schoolmate and fellow-townsman in Rich- 
mond, Va., Major James W. Scott, of Houston, and Washington D. 
Miller, Esq., the admirable private secretary of Gen. Houston. Both 
of these gentlemen have passed away ; but each did all he could to 
put me in possession of needed information. 

From Mrs. Houston I had one positive injunction ; which was, to 
have at least one chapter setting forth Gen. Houston's religious 
character ; which I have given. I have consulted the following 
authorities : 

1. " Private Records of Sam Houston's Administration of tiie Presidency of the 
Republic, from 1841 to 1844." A most important written volume, the niost val- 
uable of Houston's literary remains. 

2. C. Edwards Lester's " Houston and his Republic." 

3. Hon. Ashbel Smith's " Reminiscences of the Texas Republic." 

4. Col. V. O. King's " Battle of San Jacinto viewed from American and Mex- 
ican Stand-points." 

(3) 

V 



4 Preface. 

5. Articles in "Texas Almanac "of 1859, viz. : (i) " Compendium of Early 
History of Texas." (2) Gen. Sam Houston. (3) Life of Stephen F. Austin. (4) 
Life of Gen. Edward Burleson. (5) Dr. N. D. Labadie's "San Jacinto Campaign 
and Texan Revolution." 

6. Col. Alexander Horton's " Sketch of War of '36," Eastern Texan, San 
Augustine, Aug. i, 1857. 

7. Letters of W. S. Taylor, Esq., and Gen. Sidney Sherman's Correspondence. 

8. Correspondence of W. M. Gilleland and R. J. Calder, Esqrs. 

9. Correspondence of W. H. Dangerfield, Secretary of the Treasury, and 
Minister to France. 

10. Rev. H. S. Thrall's " History of Texas." 

11. Yoakum's " History of Texas." 

12. Gen. Waddy Thompson's "Recollections of Mexico." 

13. A large mass of letters, pamphlets, and newspapers. 

I have been aided by the kind counsels of many gentlemen ; es- 
pecially by the Hon. Ashbel Smith, who prepared the very able 
chapter on the Finances of Texas during Houston's Presidencies 
and the Rev. Geo. W. Samson, D.D., now of New York City, who 
furnished the chapters on Houston's Congressional Career. Dr. 
Samson has furnished the main points of speeches which are not 
placed among the State papers ; it would require a dozen volumes 
to publish every document. Major Moses Austin Bryan has aided 
me in important verbal statements. Prof. C. H. Wedemeyer and 
my son, Royston Campbell Crane, also have given very valuable aid. 
C. Edwards Lester, having written " Houston and his Republic," 
under the same roof in Washington City with Gen. Houston, and 
Mrs. Houston having informed me that Gen. H. had told her that 
Lester's book was the only reliable account of him then written, I 
have taken his statements without question, and often used his lan- 
guage, although consulting and comparing all varied statements 
with his points of fact. While I have had the countenance and aid 
of all Gen. Houston's children, I am especially indebted to his son- 
in-law, W. L. Williams, Esq., and his lady, Mrs. Maggie Houston 
Williams, and also to Temple Houston, Esq. I am largely indebted 
to my lifelong friend. Dr. Samson, already alluded to, for assist- 
ance in this work indispensable to its success. 

The truth, without fear, favor, or affection, has been the only aim 
in the preparation of this work. Little reference has been made 
to the Santa Fe Expedition. Gen. Houston's relation to it was 
mainly to save it from disaster. Let the people of Texas read 
this volume with the earnest desire to obtain a satisfactory history 
of the life, times, and labors of Sam Houston ; which it is believed 
these pages will afford to the candid reader. 

WM. CAREY CRANE, 

Baylor University, IndeJ}endence, Texas, Jan. 26, 1884. 



CONTENTS OF VOL. I. 



CHAPTER I. 

PAOE 

Early History of Texas before the Battle of San Jacinto — The Name 
— Spanish and French Efforts at Colonization — Moses Austin and 
his Colony of Three Hundred Families — Stephen F. Austin— Sam 
Houston 9 

CHAPTER II. 

Parentage and Early Life — First Efforts in Education — His Boy-life 

among the Cheroicee Indians 17 

CHAPTER III. 

His Early Military Career — Common Soldier, Orderly-Sergeant, En- 
sign, Lieutenant — Battle of Tohopeka — Service under Gen. Coffee 
and Gen. Andrew Jackson 24 

CHAPTER IV. 

Studies Law — Admitted to the Bar — Letters of S. V. Drake and F. 
Golladay — District Attorney — Major-General — Member of Congress 
— Governor — First marriage — Reasons for Leaving his first Wife 
— Departure to the Indians 31 

CHAPTER V. 

Life among the Indians — Wrongs done them — His condemnation of 
such Wrongs — His Difficulty with Hon. Mr. Stansbury, of Ohio — 
The Caning — Trial by House of Representatives and Courts of D. C. 39 

CHAPTER VI. 

Texas Struggling — Houston's first Visit to Texas — Letter to Gen. 
Jackson — Letter of John Van Fossen to Houston — The Convention 
at San Felipe de Austin — Efforts to form Texas into a Constitu- 
tional State of Mexico — Houston in the Convention — Austin, as a 
Messenger to Mexico — His 111 Success 46 

CHAPTER VII. 

Texas Triumphing — Struggles under Austin and Houston — Consulta- 
tions and Collisions in Council — Houston appointed Commander-in- 
Chief — Commission Revoked — Grant's Effort to Capture Matamoras 
— Troubles connected with Gov. Henry Smith's Administration — 
Siege and Capture of San Antonio by Gen. Burleson — Declaration 
of Independence — Houston again appointed Commander-in-Chief . 53 

(5) 



6 Contents. 

CHAPTER VIII. 

PAGE 

The Alamo — Goliad — The Fall of one, the Massacre of the other — 
Movements of Gen. Houston, before and after these Memorable 
Events— Movements Preparatory to the Battle of San Jacinto . 62 

CHAPTER IX. 

Battle of San Jacinto — The Hero Chieftain and the Hero Soldiers — 
Gen. Houston's Report — Col. Robison's Report of Capture of Santa 
Anna — T. Houston's Address and Exercises at Unveiling of Memo- 
rial Monument 'j'j 

CHAPTER X. 

Capture of Santa Anna— Statement of Joel W. Robison, Esq. — Intro- 
duction of Santa Anna to Houston — Conversation — Scene with 
Young Zavala — Almonte — Arrival of the Government ad intei'iin 
— Houston Leaves the Army — Goes to New Orleans for Medical 
Aid — The Cabinet Treats with Santa Anna — Troubles — Extract 
from Hon. Ashbel Smith's Speech at Austin in 1879 ... 99 

CHAPTER XI. 

Houston's Election to the Presidency — Departure of Santa Anna to 
Washington City — His Conduct — Sent to Vera Cruz in a U. S. War 
Vessel — Memorandum of Gen. Houston for Santa Anna . . .116 

CHAPTER XII. 

Recognition of Texan Independence — Close of Gen. Houston's First 
Term as President — Gen. Felix Huston — Efforts to Conciliate the 
Indians — Mirabeau B. Lamar elected President .... 124 

CHAPTER XIII. 

The Succeeding Administration the Reverse of Houston's — Houston 
a Member of the Texan Congress — Santa Fe Expedition and its 
Result — War on the Indians — Letter to Anthony Butler — Estimate 
of the Patriotism and Public Virtues of M. B. Lamar and D. G. 
Burnet 133 

CaA PTER XIV. 

Gen. Houston's Second Presidential Term — The Exchequer System of 
Finance — Annexation — Rumors of Invasion by Mexico — Veto of 
Bill to make him Dictator — The Excitement — Appeal to the Great 
Powers for Recognition of Independence 139 

CHAPTER XV. 

Impressions produced by the Appeal to Great Powers — Annexation — 
Correspondence with Hon. Mr. Van Zandt — Attitude of the United 
States, France, and England — Views and Positions of President 
Tyler 148 



Contentfi. ' 7 

CHAPTER XVI. 

PAGE 

Secret Message to the Texan Congress on Annexation . . . -153 

CHAPTER XVII. 

Close of Houston's Second Term as President — Resolutions of the 
Senate — Houston's Management of the Finances of Texas during 
his two Administrations, and his Admirable Success — A Review 
and Explanation of the System 1 56 

CHAPTER XVIII. 

Houston's Entrance into the U. S. House of Representatives, Dec, 1823 

— His Contemporaries and the Questions of the Hour . . . 166 

CHAPTER XIX. 

Houston's Four Years in the House of Representatives, from 1823 to 
1827 175 

CHAPTER XX. 

Houston's Entrance into the U. S. Senate, March, 1846 — Questions of 
the Day — Movements of interest 187 

CHAPTER XXI. 

Houston in the U. S. Senate under President Polk, from March, 1846, 

to March 4, 1849 193 

CHAPTER XXII. 
Houston in the Senate under the Whig Administration, from 184910 

1853 203 

CHAPTER XXIII. 

Houston in the Senate under President Pierce, from 1853 to 1857 . 215 

CHAPTER XXIV. 

Houston in the Senate under President Buchanan, from March 4, 1857, 

till his Retirement, Marc^ 4, 1859 226 

CHAPTER XXV. 

Career of Houston as Governor of Texas — State Measures — Want of 
Harmony between the Executive and the Legislature — Secession — 
His Deposition from the Gubernatorial Office 231 

CHAPTER XXVI. 

Closing Days — Resolutions of Texas House of Representatives — 

Speech of Hon. J, H, Banton, of Walker Co 236 



8 Contents. 

CHAPTER XXVII. 

PAGE 

Gen. Houston's Religious Life — Letter of Rev. Geo. W. Samson, D.D. 
— Statement of Rev. George W. Baines, Sr 240 

CHAPTER XXVI II. 
Anecdotes — Interesting Letter of Gen. E. G. W. Butler . . . 246 

CHAPTER XXIX. 

Domestic Life of Sam Houston — Mrs. Margaret Moffette Lea Houston 
— Poetry 253 

CHAPTER XXX. 
General Estimate of Houston's Character 258 



APPENDIX. 



Texan Declaration of Independence March 2, 1836 — Names of Signers . 263 



LIST OF ILLXJSTKATIONS. 



Youthful Portrait, Frontispiece, Vol. L 

Letter of Jackson To face page 42 

Santa Anna's Advance to San Jacinto, - . . . " "70 

Battle-Field of San Jacinto, " "80 

Memorial to Santa Anna, " "122 

Portrait in Age, Frontispiece, Vol. II. 



CHAPTER I. 

Early History of Texas before the Battle of San Jacinto — The Name— Spanish 
AND French Efforts at Colonization— Moses Austin and his Colony of 300 
Families — Stephen F. Austin— Sam Houston. 

A MAP of North America, with the West India Islands, was pub- 
lished in London, February, 1777. It was laid down according 
to the latest surveys, and corrected from the original materials of 
Governor Pownall, member of Parliament. On the region between 
our north-eastern boundary and the Colorado, as laid down on that 
map, the name Ticas is found in capital letters. It is assumed by 
students in aboriginal and Spanish etymology, that Ticas is the same 
as the present word Texas. The history of the discovery of Texas 
has been in dispute. Yielding credit to authorities possessed of the 
best means of giving true information, it will be admitted that early 
Spanish navigators first discovered Texas, landed on its coast, and 
laid claim to the country. Previously to 1595 they established settle- 
ments on both sides of the Rio Grande. This was nearly one 
hundred years before La Salle, the French navigator, then in search 
of the mouth of the Mississippi, was carried by errors of reckoning 
out of his course, and landed on Matagorda Bay, February 18, 1685. 
La Salle was a gallant knight, and claimed the country under the 
name of his master, Louis XIV. Enterprising, firm, talented, he was 
furnished by his king with a squadron of four vessels, manned by 
300 men. Touching land first near Sabine Bay, making no discover- 
ies, and obtaining no information from the Indians, La Salle pro- 
ceeded westward, sailed through Pass Cavallo, and entered the Bay 
of St. Bernard, now known by the same name. Wrecking unfortu- 
nately one of his vessels in the attempt to land, he succeeded in 
landing the men of the other three, and formed a camp on the west 
side, near the entrance of the bay. Game and fish refreshed the new 
comers. The country charmed them. They saw herds of deer and 
buffalo grazing on the prairies, and innumerable wild flowers cover- 
ing the earth. They were cheered by the warbling of wild birds in 
the trees, and a sky clearer and brighter than Italy smiled upon 
them. It was not strange that they fancied they had reached an 
earthly paradise. But troubles with the Indians, supplies failing, sick- 
ness thinning their numbers, disagreements between La Salle and his 
leading men, the desertion of a captain — leaving with a vessel carrying 



10 Life of Sam Houston. 

most of the ammunition back to France — finally determined the 
colonists to abandon this location and seek a new one on the La 
Vaca River. Here a fort was erected named St. Louis, in honor of 
Louis XIV. of France, and La Salle, adventurous in spirit, burning 
with intense desire to ascertain the exact mouth of the Mississippi 
River, soon after started to explore the vast regions between Texas 
and Illinois. Enduring incredible hardships, and meeting with many 
wild and romantic adventures, he was finally murdered by one of his 
own men. Hearing of La Salle's death, the Indians attacked Fort 
St. Louis, killed or scattered all the colonists, and this ended the 
French attempt to found a colony in Texas. Early in 1686 the 
Spaniards, holding possession of Mexico, heard of the efforts of the 
French under La Salle to make settlements in Texas, and determined 
to drive them out of the country. In 1689, an expedition of one 
hundred men left the Spanish settlement of Monclova, and reached 
Fort St. Louis on the La Vaca River. Finding it abandoned they 
went into the country, where they found two of the French colonists 
among the Cenis Indians ; taking them prisoners they sent them to 
Mexico, condemned to work in the mines. Returning to Fort St. 
Louis, the Mission of San Francisco was established, and priests and 
friars commenced efforts to convert the Indians. The king of Spain 
was determined to maintain possession of Texas and Cochinla, and 
appointed a Governor, sent soldiers and priests to establish military 
posts and missions, taking cattle for farm uses and seed for planting, 
with them. Settlements were formed on Red, Nechos, and Guada- 
lupe Rivers. These colonies, as well as that of San Francisco, began 
early to decline. The Indians were hostile, crops failed, and the 
cattle died. Although a first attempt at a settlement was made at 
San Antonio de Bexar, by Spaniards, in 1692, all efforts for coloniza- 
tion were abandoned in 1693, and Texas was once more without 
European settlers. Little was done to settle Texas until 17 15. Per- 
manent occupation by Spain may date from this year. La Bahia, or 
Goliad, was settled in 1716, Nacogdoches in 1732, and Victoria soon 
afterward. Efforts were made in good earnest to found colonies, to 
establish missions, and by arms, agriculture, and arts to extend and 
to establish Spanish influence and laws over the whole country. 
Prosperity did not attend these efforts and sacrifices ; as may be 
evinced by the fact, that the entire population in Texas in 1745 did 
not exceed fifteen.hundred people, with perhaps an equal number of 
Indians. The fearful butchery of priests, soldiers, and Indian con- 
verts at San Saba, by hostile Indians— not leaving one alive to tell 
the tale — in 1758, caused Spanish missions in Texas everywhere to 
decline. Until 1821, the old Spanish settlements continued to be 
surrounded by savage Indians, and Texas was, for the most part, an 



Spanish History of Texas. 11 

unexplored wilderness. During the American Revolution, of which 
the 4th of July is the memorial day, the Spanish possessions of 
Mexico and Texas remained in quiet. Texas was safe from danger ; 
her harbors were almost unknown ; her property offered no tempta- 
tion to pillage, and her scattered population could afford no recruits. 
The Spanish settlement at Natchez hM opened a trade with Texas 
through Nacogdoches. This road had become familiar to many 
besides the Spaniards. Traders on their return would make reports 
to the Americans in and around Natchez, of the advantages of trade 
in Texas, the surpassing beauty and richness of the country, the 
abundance of game, and the numerous other attractions to advent- 
urers. Thus, about the beginning of the present century, the tide 
of trade and travel began to take the direction of this new country. 
The town of Nacogdoches soon became a place of much importance ; 
many persons of wealth and education emigrated from Louisiana to 
that place. The old missionary station became a town ; arsenal, bar- 
racks, and substantial buildings, some of which are still standing, 
were erected. And, although the Spaniards held the country for up- 
wards of one hundred and fifty years, little now exists in Texas to 
remind us of their rule, except the names which they gave to many 
towns and rivers. In 1810 to 1812 there was a military expedition, 
composed of American volunteers, intended to aid Mexico in its 
revolt from Spain. This expedition proceeded as far as San Antonio 
River. Parties passed to and fro from this expedition for more than 
two years. The founder of the town of Washington on the Brazos, 
Capt. Jack Hall, was one of the expedition. It is now generally 
believed that all that part of Texas known in common parlance as 
the white settlements, was thoroughly explored by American ad- 
venturers previous to Austin's colonial enterprise. 

Although Mexico was still under the sway of Spain, Moses Austin, 
a native of Connecticut, for a while a resident in Virginia, then a 
citizen of Missouri, succeeded, after various rebuffs and adverse 
courses of action, in concluding a proposition with Don Antonio 
Martinez, Governor of the province of Texas, for the settlement of 
three hundred families within the limits of Texas. The Governor 
had treated Moses Austin, at San Antonio de Bexar, very ungraciously, 
and even ordered him to leave the province without delay. He 
retired from the government house resolved to leave San Antonio de 
Bexar within the hour. As he crossed the plaza he accidentally met 
a gentleman with whom, many years before, he spent a night at a 
country tavern in one of the Southern States. This gentleman was 
the Baron de Bastrop. When together, they had conversed freely, 
and had thus acquired some knowledge of each other, both being 
men of enterprise and of much experience. Now, when they unex- 



12 Life of Sa7n Houston. 

pectedly met on the plaza, their recognition was instant. The Baron 
invited Moses Austin to his house, where the latter, in a few words, 
explained to him the object of his visit to San Antonio, and informed 
him of his interview with the Governor and of its consequences. 
The Baron entered immediately into the spirit of the enterprise, 
waited on the Governor, informed him that Austin was his friend, 
and enlisted the aid of influential citizens. At the end of a week the 
objections of the Governor were removed, and a promise secured to 
recommend Austin's proposition to the favorable consideration of the 
Commandant General, Don Joaquin Arredondo, and the Provincial 
Deputation of the Eastern Internal Provinces, holding sessions at 
Monterey, and sharing with the Commandant General the govern- 
ment of the Eastern Provinces of New Spain. These efforts proved 
successful. Shortly after his return to Missouri he had the pleasure 
of hearing officially from Governor Martinez, that his propositions 
had been favorably received at Monterey, and that he was at liberty 
to commence his settlement in Texas immediately. He commenced 
preparations to return to Texas, giving notice to all who wished to 
accompany him, to m.eet him in Nachitoches, La., in the latter part 
of May, 182 1, and proceed with him on his way to the Brazos and 
Colorado. But he was taken sick about the first of June, at the 
house of his daughter, Mrs. James Bryan, well known in Texas as 
Mrs. James F. Perry, and died in his daughter's arms, on the loth of 
June, 182 1, in the fifty-seventh year of his age. His family consisted 
at this time of his wife, who survived him about three years, of his 
daughter, Mrs. Bryan,* already named, of his son, Stephen F., then in 
New Orleans, and of a younger son, James Brown Austin, then at 
school in Kentucky, and afterward well known in Texas. On his 
death-bed, Moses Austin declared it to be his earnest desire that his 
son, Stephen F. Austin, should endeavor to have himself recognized 
by the Spanish authorities in Texas, as his representative, and that 
he should carry forward the enterprise of colonization. The son 
undertook the great and noble work of carrying out his father's 
plans. He was born in Virginia, had been well educated, and had 
served with Hon. Thomas H. Benton in the Territorial Legislature 
of Missouri. With the first Anglo-American settlers he arrived on 
Brazos River, December, 1821. He camped with his party on a small 
creek, near the present town of Brenham, on the first day of January, 
1822, and from that circumstance called the creek New Year's, a 
name it bears at this time. He explored the country watered by the 
Guadalupe, Colorado, and Brazos Rivers, and laid out the town of 
San Felipe de Austin, on the Brazos. He did not succeed in getting 



'Mother of Major Moses Austin Bryan and Hon. Guy M. Bryan. 



Early American Settlers in Texas. 13 

a confirmation at the City of Mexico, after the declaration of Mexican 
independence, of his authority to locate a colony, until he had, with 
two or tliree companions, made the perilous journey* of 1,200 
miles, on horseback, to the capital of Mexico, and had been de- 
tained there one year during the repeated changes of government, 
by which all supreme authority in Mexico was agitated and disturbed. 
From this time settlements began to be made, as fast as lands were 
designated by the surveyors appointed. 

Col. Jared E. Groce and Judge John P. Cole were the first to come 
to the east side of the Brazos in the winter of 1821-1822. Sam Gates, 
William Gates, Amos Gates (living August, 1881), James Whitesides 
and Josiah H. Bell came to the Brazos in the year 1822-1823. The 
first Mexican Civil Government was organized by Don Juan Antonio 
Sancedo, Political Chief of the Province of Texas. His proclama- 
tion, May 20, 1824, issued at San Felipe de Austin, assuming command 
of the colony is brief and sensible. His duty would be to appoint as 
many Alcaldes (Justices of the Peace) as may be necessary for the 
accommodation of the people and to command the militia. He 
appointed Stephen F. Austin, Political Chief and Judge, until the 
Ayuntamiento should be organized. The first land titles were issued 
in July, 1824. The first surveyor was Baron de Bastrop, appointed 
commissioner to issue land titles by Governor Luciano Garcia, in the 
summer of 1823. The first settlements in Austin's Colony were made 
in different places simultaneously, dispersed over a large area, from 
Burleson County as now laid down upon the map to the Gulf of 
Mexico, and from the La Vaca to the San Jacinto. 

From this period may date the American history of Texas. The 
Mexican Government passed colonization laws and held out other in- 
ducements to citizens of the United States, to settle within the limits 
of Texas, guaranteeing all rights, liberties, and immunities of Mexi- 
can citizens for protection of person and property. 

On the 2d of February, 1824, the Federal Constitution of Mexico, 
similar to that of the United States, was proclaimed as the established 
policy of the nation, and by a decree of May 7th of the same year, 
the provinces of Texas and Cochinla were provisionally united to 
form one of the constituent and sovereign States of the Mexican 
Confederacy. Under these enactments immigration began to flow 
and spread itself over the fertile domain of the province of Texas. 
The forest gave way to the axe of the hardy pioneer ; the wild prairie 
to the plowshare of the husbandman ; plantations were opened and 



* Austin (as will appear hereafter in this work) made a similar trip in 1835, bearing 
the Constitution, on which he hoped Texas would become one of the States o£ 
Mexico. He was thrown into prison and kept a year, with danger to his life. 



14- Life of Sam Houston. 

villages sprung up on the hunting-grounds of the savage. In nine 
years from the first settlement of Austin, the Americans had explored 
the whole southern portion of the province, and redeemed it from 
the wilderness of the wild beast and the Indian, and covered it with 
an industrious and thrifty population. The news of Austin's Colony 
spread rapidly over the Western States, and many adventurers sought 
to join him. Colonists came faster than provision could be made 
for their support. Besides suffering greatly from the Corankaw 
Indians, the first settlers were often reduced to the necessity of living 
entirely on wild game and clothing themselves with skins. Buck- 
skin was the common dress. Occasionally a strolling peddler would 
penetrate the wilderness with a piece of domestic or calico, which 
was esteemed as valuable and elegant as silk and satin are with us 
now. Letters now extant, give harrowing pictures of the sufferings 
of women and children for the ordinary necessaries of life. Such 
was the foundation of the goodly heritage now enjoyed by the in- 
habitants of Texas. 

Many other colonies succeeded Austin's in different parts of the 
country. Victoria was commenced as a new settlement, and Gon- 
zales laid off as a town in 1825. 

In 1828, Stephen F. Austin obtained another contract to colonize 
three hundred families more, on land near the Gulf of Mexico. 
Texas had now become the point of attraction to thousands of ad- 
venturers from all parts of the United States. Men of desperate for- 
tunes and roving habits, speculators in lands, broken-down poli- 
ticians, refugees from justice, as well as multitudes of a better class, 
desirous of finding homes for their growing families and increasing 
slaves,* swelled the tide of Texan immigration. This tide rolling 
down from the Northern and Western as well as the Southern States, 
excited the jealousy of the Mexican Government, and finally brought 
on war with Mexico, which resulted in the victory of San Jacinto 
and secured the independence of Texas. Mexico was at that time, as 
unhappily has been its history from the downfall of the Montezumas 
to the coronation and execution of Maximilian the First, convulsed 
by political commotions, and harassed by most disastrous civil 
wars. The Texans, so long as they were unmolested in the enjoy- 
ment of their rights, took no part and but little interest in the con- 
vulsions of the Mexican Government. Their rapidly growing strength 
and steady adherence to republican principles began, at length, to 
attract the notice and arouse the jealousy of the Mexican authorities. 
On April 6, 1830, an arbitrary law was passed, prohibiting immigra- 
tion in future, of American settlers into Texas. Military posts were 



* Slavery then existed in Texas and the Southern States. 



Slavery not an Aim of American Settlers. 15 

established throughout the province, the civil authorities were 
trampled underfoot, and the people were subjected to the capricious 
tyranny of unrestrained military rule. Allusions to these and other 
facts will appear in the course of the following work. The atten- 
tion of Gen. Sam Houston was turned to Texas about the time this 
tyranny was manifested. 

What the history of Texas has been, the civilized world knows. 
What Texas now is, and promises to be, is the theme of the press of 
English-speaking Christendom, and what it is to be is the vaticina- 
tion of the political prophet. 

Any history of Texas would be incomplete without awarding due 
honor to Stephen F. Austin. All parts of it, from the Colony to the 
American State, exhibit his self-sacrifice, patriotism, and ability. The 
pages which will follow will show what part Sam Houston took in 
moulding and saving a State. To Houston has been awarded the 
high honor of giving name to a city which, in no remote future, will 
be a great commercial centre. To Austin has been assigned the 
honor of giving name to the present beautiful capital of this great 
empire State. Let the sculptor do his work, let the painter exert his 
skill, let the historian exhibit his ability, let the orator speak the 
truth, Austin will say, " Lector circumspice," and Houston will say, 
" Exegi monumentum cere perennius." 

In the Senate of the United States, in 1836, Hon. T. H. Benton 
said : 

" Heartless is the calumny invented and propagated, not from this floor, but else- 
where, on the cause of the Texan revolt. It is said to be a war for the extension 
of slavery. It had as well been said that our own Revolution was a war for the 
extension of slavery. So far from it, that no revolt, not even our own, ever had a 
more just and a more sacred origin. The settlers in Texas went to live under the 
form of government which they had left behind in the United States — a govern- 
ment which extends so many guarantees for life, liberty, property, and the pursuit 
of happiness, and which their American and English ancestors had vindicated for 
so many hundred years. A succession of violent changes in government, and the 
rapid overthrow of rulers, annoyed and distressed them ; but they remained tran- 
quil under every violence which did not immediately bear on themselves. In 1822 
the republic of 1821 was superseded by the imperial diadem of Iturbide. In 1823 
he was deposed and banished, returned and was shot, and Victoria made Presi- 
dent. Mentuno and Bravo disputed the presidency with Victoria ; and found, in 
banishment, the mildest issue known among Mexicans to unsuccessful civil war. 
Pedraza was elected in 1828 ; Guerrero overthrew him the next year. Then Bus- 
tamente overthrew Guerrero ; and quickly, Santa Anna overthrew Bustamente, 
and, with liim, all the forms of the Constitution, and the whole frame of the feder- 
ative government. By his own will, and by force, Santa Anna dissolved the exist- 
ing Congress, convened another, formed the two Houses into one, called it a 
Convention, and made it the instrument for deposing, without trial, the constitu- 
tional Vice-President, Gomez Fatias, putting Barragan into his place, annihilating 



16 Life of Sam Houston. 

the State government, and establishing a consolidated government, of which he 
was monarch, under the retained repubhcan title of President. Still, the Texans 
did not take up arms ; they did not acquiesce, but they did not revolt. They re- 
tained their State government in operation, and looked to the other States, older 
and more powerful than Texas, to vindicate the general cause, and to re-establish 
the federal constitution of 1824. In September, 1835, this was still her position. 
In that month, a Mexican armed vessel appeared off the coast of Texas, and de- 
clared her ports blockaded. At the same time, General Cos appeared in the West, 
with an army of fifteen hundred men, with orders to arrest the State authorities, 
to disarm the inhabitants, leaving one gun to every five hundred souls; and to re- 
duce the State to unconditional submission. Gonzales was the selected point for 
the commencement of the execution of these orders; and the first thing was the 
arms, those trusty rifles which the settlers had brought with them from the United 
States, which were their defence against savages, their resource for game, and the 
guard which converted their houses into castles stronger than those ' which the 
king can not enter.' A detachment of General Cos's army appeared at the village 
of Gonzales, on the 28th of September, and demanded the arms of the inhabitants • 
it was the same demand, made for the same purpose, which the British detach 
ment, under Major Pitcairn, had made at Lexington, on the i6th of April, 1775 
It was the same demand ! And the same answer was given — resistance — battle — 
victory ! The American blood was at Gonzales what it had been at Lexington , 
and between using their arms and surrendering their arms, that blood can never 
hesitate. Then followed the rapid succession of brilliant events, which in two 
months left Texas without an armed enemy in her borders, and the strong forts of 
Goliad and the Alamo, with their garrisons and cannon, the almost bloodless prizes 
of a few hundred Texan rifles. This was the origin of the revolt ; and a calumny 
more heartless can never be imagined than that which would convert this rich and 
holy defence of life, liberty, and property, into an aggression for the extension of 
slavery. Just in its origin, valiant and humane in its conduct, the Texan revolt 
has illustrated the Anglo-Saxon character, and given it new titles to the respect 
and admiration of the world. It shows that liberty, justice, valor — moral, physi- 
cal, and intellectual power — characterize tiiat race wherever it goes. Let our 
America rejoice, let old England rejoice, that the Brazos and Colorado, new and 
strange names — streams far beyond the western bank of the Father of Floods — 
have felt the impress, and witnessed the exploits of a people sprung from their 
loins, and carrying their language, laws, and customs, their magna charta and its 
glorious privileges, into new regions and far distant climes." 



CHAPTER II. 

Parentage and Early Life — First Efforts in Education — His Boy-Life amono 

THE Cherokee Indians. 

NEAR a locality known as Timber Ridge Church, seven miles east \ 
of Lexington, in Rockbridge County, Virginia, on the 2d of \ 
March, 1793, Sam Houston was born. His birth-day was, in 1836, 
the natal day of a young Republic, in the achievement of whose lib- 
erties he was the chosen leader. 

On his father's and mother's side, in both lines, his ancestry is 
traced to the highlands of Scotland. By the side of John Knox, they 
fought for " God and Liberty." With a multitude of others they 
were forced to leave their Scottish homes, and seek a refuge in the 
north of Ireland. After the siege of Derry, in which they were en- 
gaged, they emigratad to Pennsylvania. For more than a century 
the ancestors of his father and mother were near each other. They 
had settled in Virginia, in close proximity, many years before the ] 
marriage of the father and mother of Sam Houston. "^ ' 

His father was a man of remarkable physique, powerful in frame, 
lofty in bearing, and of undisputed bravery. His chief passion was 
for a military life. A soldier of the Revolution, he served succes- 
sively as Inspector of the Brigades of Generals Bowyer and Moore, 
and held office with the latter at the time of his death, in 1807, while 
on an inspecting tour among the Alleghany Mountains. Possessed 
merely of a comfortable living, he bequeathed to his son only the 
qualities of soul and body with which he was endowed. 

His mother was distinguished in person, manners, and mind. Her 
countenance was impressive and dignified, her form tall and matronly, 
her carriage easy and graceful. Beyond most of her sex, her in- 
tellectual and moral qualities were conspicuous. And the wild 
scenes of frontier life, buoyed by unflinching fortitude, purity, and 
benevolence, illumined her life. So universal was her beneficence 
that the poor and the suffering gratefully blessed her name. Her 
son returned from a distant exile to weep by her bedside, when it 
was her lot to die. 

The influence of such parents on Sam Houston was seen in every 
period of his life. 

2 (17) 



X 



18 Life of Sam Honston. 

His early years exhibited a daring independence and self-reliance 
very remarkable, and to many minds indicated a disastrous rather 
than a prosperous future. Not until eight years old could he be in- 
duced to enter a school-house. In the imperfect schools then 
existing in Virginia, he learned to read and write, and obtained some 
skill in arithmetic. Up to the time of his father's death, which oc- 
curred when he was thirteen years old, he had hardly been to an 
''' Old Field " school more than six months in all. Through the exer- 
tions of his father, the family had been maintained in comfortable 
circumstances, but at his death the burden of providing for a family 
of six sons and three daughters fell on Mrs. Houston. Resolute of 
purpose, she at once sold out her homestead, and sought to establish 
a new home on the fertile banks of the Tennessee River. Many in- 
cidents occurred on her adventurous journey to seek a forest home, 
more thrilling than ever really transpired near the classic haunts of 
the old countries of Europe. Heroic in spirit, this family of four 
females and six males halted not till it had reached the verge of emi- 
grants' wanderings sixty years ago. The Tennessee River was the 
boundary line between the white men and the Cherokee Indians. 
Eight miles from this river the Houstons pitched their tents. Here 
Sam and his brothers soon commenced breaking up soil never before 
touched by the plow, and providing subsistence for their mother 
and sisters. Here hard work and Sam Houston first became familiar. 
For a short time he went to an Academy, which at that time flour- 
ished in East Tennessee. Translations of some of the classics which 
described the ancient heroes, who stood above the ruins of Rome and 
Greece in immortal glory, fell into his hands, awakening his imagina- 
tion and stirring his spirit. It is said that he could repeat Pope's 
Homer's Iliad almost verbatim. His anxiety to study the languages 
of Rome and Greece became intense. He asked for permission to 
study Latin, and for some strange reason the school-master denied 
his request. So indignant was he at this refusal, that, turning on his 
heel, he affirmed deliberately that he never would recite another 
lesson so long as he lived. It is not unlikely that he kept his word. 
Students of Homer, Demosthenes, Euripides, ^Eschylus, or Sopho- 
cles, probably never gathered more of classic lore from their authors 
in the original, than Sam Houston extracted from Pope's translation 
of the Iliad. Achilles and Hector were studied by him with admir- 
ing wonder. The contests of Trojans and Greeks infused into his 
breast an enthusiastic desire for the stirring scenes of martial life, 
and the renown which gathers around the hero's brow. His brothers 
did not sympathize with what they regarded as his romantic fancies, 
threw around him galling restraints, and at length placed him as 
a clerk in a merchant's store. For such a life he had no relish. Very 



Boyhood^ Schooling, and Indian Life. 19 

soon he was missing. Diligent search was made for him for many- 
weeks, and at last his family learned that he was sojourning, more ac- 
cording to his existing taste, with the Cherokee Indians, who lived 
across the Tennessee River, Questioned by relatives as to his 
motives for such a wild choice, he replied, that he " preferred measur- 
ing deer tracks to measuring tape — that he liked the wild liberty of 
the red men better than the tyranny of his own brothers, and if he 
could not study Latin in the Academy, he could, at least, read a 
translation from the Greek in the woods, and read it in peace. So 
they could go home as soon as they liked." Nearly six feet high, and 
standing straight as an Indian, he commanded the respect and the 
good-will of the red men and their families. He did not make his 
appearance among his friends again until his clothes were worn out, 
and he returned for repairs and refitting. His good mother received 
him kindly, and his brothers cared for him properly. But he was 
driven to the woods again at the first exhibition of tyranny. Here, 
again, he passed months in wild chases, with his Indian mates, after 
the game of the forest, wandering by the streams with Indian 
maidens, communing in Nature's language in the period of his life 
which was fashioning the man for his destiny. He was at a school, 
learning his lessons, expanding those powers which in after-years 
were to be tested in associations with the various classes of human 
nature. No other American has everjiad j^ust such an education, 
and no other one has ^Jiad just 5ja£h_an_0£casion for -tl^^ 
tion which he received. Those who prognosticated the future 
could see no good in these strange adventures and studies. 
But he was preparing for the career of a soldier, a general, a diplo- 
matist, a governor, and a benefactor of his country and race. His 
knowledge of Indian character became complete. His sway over the 
savage mind was powerfuj. No Indian tribe violated a treaty \yith 
the Republic ofJ Texas wh ile he was its President ; a fact which may 
be traced to his early acquaintance with Indian character. But his 
career among the Indians entailed upon him a small debt for articles 
of taste, which he purchased for the Indians. To liquidate this debt 
he returned to his white friends and proposed to open a school. 
This was a new surprise to those who knew him, and the enterprise 
advanced tardily. Persevering, however, in his determination, he 
soon had more scholars than he could teach, and was compelled to 
send some away. He raised the price of tuition from $6 to $8 per 
annum, and received it in equal amounts of corn, variegated cotton 
cloth, and cash. Having made money enough to pay off his debts, 
he returned to his old school-master and chosen studies. The master 
gave him Euclid's Elements of Geometry to study ; for a few days 
he carried this unpoetic book back and forth, to and from school, 



20 Life of Sam Houston. 

and then concluded, that as he had not tried to solve a problem, he 
would not try again to be a scholar. 

The following letter, from Miss N, B. HamiltjDn, one of his blood 
relatives, gives a running account of his genealogy and entire life : 

TuscuMBiA Ala., May 19, 1866. 
Rev. W. C. Crane, D.D. : 

Having seen in the Virginia papers your call upon the friends 
and relatives of the late Gen, Sam Houston, for contributions, I now 
address you. 

Being a native of Rockbridge County, a friend and relative, and 
having a brief genealogical account of the family, and having been 
honored for many years by his affectionate interest, and wishing to 
see justice done to his memory, I will try to send you a few reminis- 
cences of our most pleasant intercourse. For in the social circle he 
stood pre-eminent. He seemed the inspiration of music, poetry, love, 
and friendship, that seemed to spread their radiant wings, gilding his 
delicious intercourse with the glorious rays of Heaven, making his 
associates forget they were the denizens of earth, until separation 
struck the wand, bringing them down to the actual. For he was a 
dreamer, a poet, as well as a statesman, patriot, and warrior. 

His letters to me are purely family, and therefore too sacred to 
bear the light of publication. 

The persons that have heretofore sketched his life have fallen into 
a common American error : that to make a hero they must make him 
spring from nothing. His fame needs the aid of no such props, and 
I hope your history will be more just to his honorable ancestry. 

The Houstons belonged to the lowlands of Scotland, and were of 
note enough to possess a Coat of Arms, that you can find registered 
at the Herald's office in London. 

At the time of the Reformation they embraced the tenets of Calvin. 
They have often been called Puritans. They were of pure Celtic 
blood, unmixed with either Saxon or Norman. The branch General 
Houston is descended from was forced to leave Scotland, and take 
refuge in the north of Ireland, and shared and suffered the woes of 
the celebrated siege of Derry. 

About the year 1689, John Houston and his son John, with many 
wealthy friends, emigrated from Ireland to America. 

Having a large amount of funds with them, and from the actions 
of the captain and the crew, they were forced to the conclusion that 
they intended to rob and murder them, so they held a consultation, 
and determined to seize the captain and crew ; which determination 
they put into execution, and in eight days afterwards they landed at 
Philadelphia, and settled there ; where John the second married a 



Miss Hamilton'' s Recollections of Ms Youth. 21 

Miss Cunningham. They had two daughters and four sons, John, 
James, Robert, and Matthew. One of the daughters married a Gil- 
lespie, and the other a Montgomery. Their descendants are all of 
the highest respectability, both in Church and State. They all re- 
moved South. Three of the sons and one of the daughters removed to 
Tennessee, and the remainder settled in Rockbridge County, Va. 

Gen. Sam's grandfather, Robert, purchased a plantation on Tim- 
berbidge, and married Miss Margaret, daughter of Samuel Davidson 
and Ann Dunlop, of the Scottish house of Dunlop. They had two 
sons and five daughters. Mistresses McClung, Hopkins, McKee, 
Letcher, and Gillespie. John was a magistrate ; Major Sam inherited 
the homestead, and married Miss Elizabeth Paxton, a lady of the 
highest respectability. Major Houston was a very fine-looking man, 
and was Brigade Inspector for many years ; indeed, he lost his life 
making his last round. 

When his son, Gen. Sam, was a lad not thirteen years old. Aunt 
Houston removed with her young family to Tennessee. She was a 
noble woman, and reared her family well, and Sam was a debtor 
to that mother for much that was great, noble, and good in his 
character. 

From the time he was seventeen history began to write his life. 

Much, very much, he said to me in confidence ; from all such con- 
versations I shall never lift the veil. 

He paid us a visit in Lexington after his celebrated rencounter 
with the Hon. Mr. Stansberry, of Ohio. I asked him how he felt 
whilst chastising him : " Meaner than ever I felt in my life ; I thought 
I had gotten hold of a great dog, but found a contemptible whining 
puppy." 

After he had fought for and gained the independence of Texas, he 
wrote to me to come to Texas, offering me a fine plantation. That 
was just in character with his profuse liberality. He said they needed 
the influence of woman to give stability to the government. I jest- 
ingly replied he had the example of Romulus ; he laughingly said, 
" he had no doubt if he would send and bring round to Texas a few 
ship loads of Yankee onion girls, they would thank him for the 
rape." 

At the time of the disturbance of the Mo. Compromise, his saga- 
cious mind intuitively perceived the end. From the beginning he 
opposed that Pandora's box of evils. He was opposed to violating 
that Compromise, unjust as he viewed it in the beginning; yet there 
had been rights secured to the poor red man that he wished to see 
inviolably carried out. But his greatest fears were realized, for he 
said the disturbance was virtually putting the knife to the throat of 
the South. 



22 Life of Sam Houston, 

For the space of a year, or more, before his name was brought be- 
fore the Baltimore Democratic Convention, in 1856, I had a regular 
correspondence with him, and I yet think, if he had followed my ad- 
vice he would have secured the nomination for President. But he 
would not stoop from what he viewed his lofty position, to secure it. 

The winter previous to the meeting of the Convention, the politi- 
cians of Virginia began to view him as the available man. Mr. 
Henry A, Wise, his inveterate enemy, knew the importance of fore- 
stalling public opinion, went to Richmond, procured the hall of the 
House of Delegates, thereby securing the presence of the members, 
with the ostensible purpose of exposing Col. Benton's treachery to 
the Democratic party. He took the hour to pour forth his bitterest 
shafts of satire and malice, against a man that he must have known 
to be innocent. But his purpose was effected, for the members told 
me they would never touch Houston, after such an expose. I wrote 
to him at Washington city, begging him to come and reply to that 
speech, in the same place, and before the same audience. In reply, 
he said, " Virginia had never done anything for him, and he would 
never stoop to conciliate her." 

I wrote to him that I knew a woman's judgment was not worth 
much, but unless he would come and put himself right before the 
Legislature, he would lose the support of the State, and in that case 
fail of receiving the nomination. I urged him then to come and pay 
me a visit, hoping that if he did his friends would compel him to 
speak. His reply was like himself ; he said, how delighted. he would 
be to see me, and under different circumstances he would come, 
" that no one would believe I have no ulterior views to serve if I 
should come to Richmond." 

I spent several days with him in Washington, and we parted a 
short time before the Convention met. He still persisted in the 
thought that Virginia could not prevent his nomination. He was 
sanguine of success, for he well knew that if nominated he would 
sweep over the country like an avalanche. 

That winter he was surrounded by a great many female relations. 
As he was a great whittler, he whittled several small hearts out of 
pine, and sent one to each of us, which we had set and attached to 
our watch-chains. 

In 1834, he paid us a visit on his return from New York and 
Washington, where he had been making arrangements for the liber- 
ation of Texas. He picked up my album ; I said he must contribute 
something. "Yes," said he, "I will contribute by correcting a mis- 
take." He was surrounded by a roomful, and in the midst of that 
crowd, and sustaining his part in the conversation, he composed the 
following lines : 



Houdon^s Poetic Vein. 23 

" Remember thee ? 
Yes, lovely girl ; 

While faithful memory holds its seat, 
Till this warm heart in dust is laid, 

And this wild pulse shall cease to beat, 
No matter where my bark be tost. 

On life's tumultuous, stormy sea ; 
My anchor gone, my rudder lost. 

Still, cousin, 1 will think of thee." 

I send the above lines, not so much for their poetic merit, but 
merely to illustrate the character of the man whose mind was bur- 
dened with the uncertainty of great events, that were to startle the 
world by their magnitude, yet could turn aside to the call of love or 
friendship with the graceful ease of a courtier. 

Very respectfully, 

N, B. Hamilton. 

The Houston family tree, as intimated by Miss Hamilton's letter, embraces the 
names of Paxton, McCIung, Cassidy, Hopkins, McKee, Letcher, Moore, Wallace, 
Bradstator, Pugh, Guy, Ross, and Hamilton, names connected with the best blood 
and characteristics of Virginia^and the American Union. , --^ 



CHAPTER III. 

His Early Military Career — Common Soldier — Orderly Sergeant — Ensign — Lieu- 
tenant — Battle of Tohopeka — Service under Gen. Coffee and Gen. Andrew 
Jackson. 

IN 1813, while the war was progressing between the United States 
and Great Britain, he enlisted at Marysville, Tennessee, in the 
United States Army. Friends remonstrated against his becoming a 
common soldier, and when his resolution was carried into effect, con- 
sidered him disgraced and unworthy of future notice. But he told 
them, "You don't know me now, but you shall hear of me." His 
mother consented, and stimulated him by encouraging words to aim 
at success by an honorable effort. It was not long before he became 
a sergeant ; then the best drill officer in the regiment. He was first 
stationed at Fort Hampton, at the head of the Muscle Shoals, on the 
Tennessee River in Alabama. Here he was promoted to be an en- 
sign, and afterward at Knoxville, aided in drilling and organizing 
the Eastern battalion of the 39th Regiment of Infantry. For some 
time he was encamped with his comrades at Ten Islands. Soon after, 
he took up the line of march to Fort William, where his regiment by 
the way of the Coosa River, proceeded to Tohopeka, or the horse- 
shoe. For a long time an unsuccessful contest had been waged with 
the Creek Indians. Open warfare they avoided. They hoped to 
weary out their foes by "forest ambuscades and stealthy eruptions." 
In Gen. Andrew Jackson and his army, the enemy had to contend 
with foemen who excelled in military artifices, and who, with the dar- 
ing courage of their natures nurtured in forest homes, were eager to 
enter the strife even at the cost of annihilating their Indian oppo- 
nents. Encamped at Fort Williams, Gen. Jackson's army contained 
more than two thousand men ; and through the forests, in every 
direction, his spies and scouts were scattered. Guided by their 
prophets, the Creek Indians had retreated from village to village and 
gathered the whole of their available force, the chosen warriors of the 
nation, one thousand strong, on a bend of the Tallapoosa River, well 
described by its name Tohopeka, or the horseshoe. Here they resolved 
to stand and risk their destiny on a single contest. The horseshoe 
bend is a peninsula, comprising about one hundred acres of land, 
(24) 



Houston enters the U. S. Army. 25 

) 
which opened to the north. This opening was protected by a huge 

breastwork, constructed of three tiers of heavy pine logs, with two 

rows of skillfully arranged port-holes. This breastwork reached 

both sides of the river, across the peninsula. 

On the 27th of March, 1813, Gen. Jackson arrived at the horseshoe 
bend, or Tohopeka. In a few hours, by a skillful arrangement of his 
forces, he had completely invested the peninsula and was prepared 
for action. Gen. Coffee, with all the friendly Indians serving under 
Gen. Jackson and a body of mounted men, crossed the Tallapoosa 
River, at a ford two miles below Tohopeka. By drawing up his 
lines on the south of the bend, at 10 o'clock he had cut off all escape 
from three sides of the peninsula. The main army advanced to the 
north side of the bend, the lines were drawn up for battle, and two 
pieces of artillery began to play upon the pine-log breastworks. From 
half-past ten to one o'clock, a brisk and apparently ineffectual firing 
was maintained, the massive timbers proving how harmless were the 
small cannon shot which were played upon them. The main body 
of the army had as yet no opportunity to show their valor. But soon 
from the southern part of the bend there appeared rolling up, a 
heavy column of smoke, and the sharp crack of a hundred rifles 
mingled with the rattle of musketry. 

A line of canoes half concealed by the bushes on the opposite 
shore, were discovered by the Cherokees under Gen. Coffee. They 
swam the stream at once, and in a few minutes brought the canoes 
across. Richard Brown, the gallant Cherokee chief, followed by his 
brave warriors, jumped into the canoes, accompanied by Capt. Rus- 
sell's companies of spies, and crossed the river. The cluster of wig- 
wams near the shore was set on fire. The smoke arose over them, 
in whose volumes they advanced upon the rear of the thousand 
Creek warriors, who were sheltered by the breastworks from the 
artillery of Gen. Jackson's main army on the north. 

As soon as the troops of the main army heard the firing and saw 
the smoke rolling up, they were eager to storm the Indian breast- 
works before them, as they knew that their companions had crossed 
the river. They were held steady to their lines, until Gen. Jackson 
had sent an interpreter to remove the several hundreds of women 
and children in the bend, to a place of safety beyond the river. Im- 
mediately on accomplishing this object, the order was given to storm 
the breastworks. With a shout the order was received. Col. 
Williams with the 39th Regiment, and Gen. Doherty's Brigade of 
East Tennesseeans, with loud cries dashed to the onset. A sanguin- 
ary struggle ensued. Bayonet met bayonet, muzzle touched muzzle 
at the port-holes. The first man, Major Montgomery, who sprang 
upon the breastworks received a ball in his head, and was hurled 



26 Life of Sam Houston. 

back. On the extreme right of the 31st Regiment, about the same 
time, ensign Houston scaled the breastworks, and called to his brave 
fellow-soldiers to follow him, as cutting his way he leaped down 
among the Indians. A barbed arrow struck deep into his thigh 
while he was scaling the breastworks or soon after he reached the 
ground. He maintained his position till his lieutenant and men 
were alongside of him, and the Creeks were recoiling under the 
terrible onset. After vainly trying to extract the arrow from his 
side, he called to his lieutenant to make the attempt. The officer 
failing after two attempts, Houston still holding command with 
sword uplifted over his head, told the officer to try again, and if he 
failed, he would smite him down. A desperate effort was made, the 
arrow was drawn forth, and a stream of blood rushed from the torn 
flesh. The young hero crossed the breastworks that his wounds 
might be dressed. The wound was bound up by the surgeon and 
the blood stanched. Gen. Jackson came to see who were wounded, 
and observing the young ensign among the number, firmly ordered 
him not to return to the contest. He begged the General to let him 
return to his men. The General gave him positive orders not to 
cross the breastworks again. Houston was determined to win a 
hero's name in that battle, or die in the contest. He had enlisted in 
the recruiting ranks, and marched through the streets of the village 
where his mother and friends resided. The finger of scorn had been 
pointed at him. To his scoffers he had said, " And what have your 
craven souls to say about the ranks ? Go to with your stuff ; I would 
much sooner honor the ranks than disgrace an appointment. You 
don't know me, but you shall hear of me." His mother did not 
desert him then, but handing her boy the musket, had said to him : 
" There, my son, take this musket and never disgrace it ; for remem- 
ber, I had rather all my sons should fill one honorable grave, than 
that one of them should turn his back to save his life. Go, and re- 
member, too, that while the door of my cottage is open to brave 
men, it is eternally shut to cowards." All this young Sam Houston 
remembered, and dashing once more over the breastworks, he was 
soon again at the head of his men. 

The battle raged fiercely. Over two thousand were contending 
hand-to-hand. The action was general. The yells of the Indian 
savages, and the groans of the dying rang throughout the peninsula, 
while arrows, spears, and balls flew, and swords and tomahawks 
gleamed in the sun. Some months before, all the villages of the 
Creek Indians had been visited by a brother of Tecumseh ; he had 
stirred up the passions of these thousand chosen Creek warriors for 
blood and revenge, and had announced to the Indian prophets, that 
the Great Spirit had commanded him to go on this occasion ; to as- 



Battle of Horseshoe Bend. 27 

semble the " braves " of their nation in battle array against the *' pale- 
faces," and make one final struggle for the destruction of their foes. 
The mystery of this strange mission served to arouse the superstition 
and inflame the malignity of the nation. Although warriors by 
hundreds were falling, they still believed their prophets ; who assured 
them that they would win the day and gain a victory over the pale- 
faces. With a storm of wrath, they believed that the Great Spirit 
would sweep away their enemies, and that a cloud from heaven 
would be His signal. Even when the struggle was decided, while 
Gen. Jackson was issuing an order to cease from the carnage, while 
an interpreter was on his way to tell the Indians that their lives 
would be spared if they would surrender, a cloud suddenly spread 
over the sky. Believing this to be the signal promised by the 
prophets for their redemption, they fired upon the interpreter who 
delivered the message, and again began the action. A gentle shower 
of rain fell from the clouds, but deliverance did not come to the 
trusting brave savages. Tohopeka was covered with the dead and 
dying, hundreds fallen weltered in their gore ; multitudes attempting 
to swim the river, were shot or drowned. Civilization reckoned the 
battle to be over ; but civilization reckoned in vain. The old prophets 
gazed on the skies and stood firm ; warriors, assured in their extrem- 
ity that relief would at length come, clustered around them. When 
the last prophet and the last warrior at his side yielded their lives 
with an expiring groan, then only hope expired within them. Even 
then, the bloody work was not ended. Another work of slaughter 
and the victory of Andrew Jackson at Tohopeka would be complete. 
Constructed over a ravine in the form of the roof, a house pierced 
with narrow port-holes was a part of the breastworks where a large 
party of Indians had secreted themselves. Hence, a murderous fire 
could be directed against their assailants whenever they should show 
themselves. In this place were assembled the last remnant of the 
Creek warriors of the Horseshoe bend. Cannon could not be 
brought to bear upon the place. Only a bold charge, which proba- 
bly would cost the lives of the courageous men who should make it, 
could dislodge them from their position. These brave, desperate In- 
dians had sealed their fate by rejecting with contempt the offer of 
life, on condition of their surrender. Gen. Jackson called for volun- 
teers to make the charge. The lines, unmoved, stood silent. No order 
was given. No officer volunteered to lead on so hopeless a task. 
Houston waited in expectation that some captain would lead his 
company forward, but he waited in vain. He called to his platoon 
to follow him, as he rushed down the steep descent toward the covered 
ravine. His men hesitated. He seized a musket from one of them and 
with a desperation only incident to such occasions he led the way, 



28 Life of Sam Houston. 

ordering his soldiers to follow him. To charge through port-holes 
bristling with rifles and arrows was the only way of attack which 
could prevail. A rapid, simultaneous plunge could succeed. Stop- 
ping to rally his men, and levelling his musket within five yards of 
the port-holes, " he received two rifle balls in his right shoulder, and 
his arm fell shattered to his side." Disabled himself totally, turning 
he called once more to his men, and urged them to make the charge. 
They could not be induced to advance. There he stood till he saw 
that standing there in his own blood would do no good. Going 
then beyond the range of the bullets, exhausted, he sank to the 
ground. And not until the covered ravine was set on fire were the 
Indians dislodged from the final resort. The last rays of the setting 
sun shone on the ruins of the Creek nation. Volumes of dense 
smoke rose heavily over the bodies of painted warriors and the burn- 
ing ruins of their log fortifications. Of the thousand brave warriors, 
the flowers of Indian chivalry, there were none to scowl on death and 
their assailants at Tohopeka. 

Young Houston, then about twenty years old, displayed amid the 
perils of this hard-fought engagement such heroism as excited the 
admiration of the entire army. The wounds which he received re- 
mained unhealed to the day of his death. He was carried from the 
field of the dead and wounded, and placed in charge of the surgeon. 
As the surgeon said that he could not survive till the next morning, after 
extracting one ball, he made no effort to extract the other, as he 
thought it unnecessary to torture the suffering young hero. He 
spent a night of wretchedness with few, even, of the comforts of a 
soldier's knapsack. Little was done for him by his comrades, as they 
regarded him as a dying man, and thought that all they could do 
should be done for such only as were likely to live. The most bril- 
liant day of his life was succeeded by its darkest night. Racked 
with the torturing pains of his many wounds, deserted in what he 
believed was his dying hour, stretched on the damp earth, the hours 
of that dreary night were an age to that young soldier. But these 
scenes of excitement and heroism were a part of his education. He 
was in training for the grand destiny which his young life presaged. 
He was under tuition for the leadership of that brave band of 
pioneers who through fierce struggles and sufferings triumphed in 
the peaceful enjoyment of a liberated Republic. The eye of Andrew 
Jackson was upon him, and the courage and daring exhibited on that 
bloody day at Tohopeka secured the life-long regard of the hero of 
New Orleans, warmly exhibited in the earnest sympathies which 
attended him through the fortunes of his life. Thirty years there- 
after, about to pass from mortality to immortality, in the last months 
of his existence, Gen. Jackson, the hero of New Orleans, sent for 



Houston Heroic and Severely Wounded. 29 

Gen. Houston, the hero of San Jacinto, to see the victor at New Or- 
leans become the victor over man's last enemy. 

The day after the battle of Tohopeka the young officer was placed 
on a litter with others wounded, and started for Fort William, sixty 
or seventy miles distant. Neglected and exposed, suspended between 
life and death, he remained here for a considerable time. The other 
regular officers were all removed to Fort Jackson or the Hickory 
Ground. A part of the time he was cared for by Gen. Johnson, 
father of Cave Johnson, Postmaster-General under President Polk. 
Another part of the time he was taken care of by Col. Cheatham, 
and at length he was taken to the Ten Islands. Gen. Dougherty, 
who commanded the brigade from East Tennessee, conveyed him 
from the Ten Islands through the Cherokee Nation to his mother's 
house in Blount County, Tennessee, which he reached in the latter 
part of May, nearly two months after the battle of the Horseshoe 
Bend. This long journey was made on a litter borne on horses, 
while helpless and enduring excruciating agony. He was destitute of 
medical aid, had not the simplest remedies capable of alleviating his 
sufferings, and subsisting on the coarsest diet. Through forests, com- 
pelled to camp out, and often without any shelter, his toilsome jour- 
ney was made to his mother's home. His recovery was expected by 
no one. So much like a skeleton was he that when he reached his 
mother's home she declared that she would not have recognized him 
as her son, except for his eyes, "which retained something of their 
wonted expression." Failing to recover strength at home with his 
mother, he repaired to Marysville for medical aid. His health con- 
tinuing to decline at Marysville, he went to Knoxville, sixteen miles 
eastward. He was in so low a state that the physician to whom he 
applied refused to take charge of him, saying that he would live only a 
few days. But when, after a few days, the physician observed that 
he not only survived, but was somewhat improving, he offered his 
services. From this time he began slowly to recover, and when 
strong enough to ride on horseback he set out by short journeys for 
the city of Washington. Shortly after the burning of the Capitol 
he reached the seat of Government. Indignant because of the ruin 
wrought by the British army, he experienced bitter pangs of regret 
that his right arm should be disabled while a foe was prowling 
through the country. Suffering still from festering wounds, and as 
the winter advanced, he travelled to Lexington, Va., and remained 
till the early spring. Having sufficiently recuperated his strength to 
be able to do duty in some situations, he prepared again to cross the 
mountains. Reaching Knoxville, on his way to report himself for 
duty, he received the glorious news of the battle of New Orleans. 
Peace was soon proclaimed; he was placed near Knoxville at the can- 



30 Life of Sam Houston. 

tonment of his regiment. After the army was reduced, his services 
as lieutenant were retained ; and, attached to the first regiment of in- 
fantry, he was stationed at New Orleans. His voyage to New Orleans 
was commenced in a skiff on the Cumberland, with two young men, . 
one of v/hom afterward was distinguished as E. D. White, Governor 
of Louisiana. Passing down the Cumberland, smoothly gliding over 
the waters of the Ohio, they floated on the mighty waters of the 
Mississippi for many weary miles through a vast solitude. A Bible, 
Houston's mother's gift. Pope's translation of the Iliad, the same 
which had kept him company in his wild life among the Indians, 
Shakespeare, Akenside, Robinson Crusoe, Pilgrim's Progress, and 
the Vicar of Wakefield were the travelling companions of that skiff's 
company, but they were the effective stimuli to the warm fancy of 
the young hero and his companions communing with those sublime 
wilds of nature. Turning a bend of the Mississippi, they saw what 
the)' supposed to be a vessel on fire, making headway on the stream 
without sails, and emitting heavy columns of smoke. It proved to be 
the first steamer which ever went up the Mississippi River. The 
party exchanged their narrow quarters on the skiff for the steam- 
boat, and eight days thereafter Lieutenant Houston, reaching New 
Orleans, reported for duty. Here once more he had his wounds 
operated upon, and came near losing his life. After most completely 
shattering his right arm just below its juncture with the shoulder, 
the rifle-ball had passed around and lodged itself near the shoulder- 
blade. His iron constitution, however, sufficed to endure an amount 
of suffering which few could have survived. Well-nigh did the last 
surgical operation come of depriving him of his remaining strength. 
But the indomitable will which sustained him triumphantly through- 
out all the struggles of a stormy life prevailed through all ills physi- 
cal, mental, spiritual, and political. 

In April of the following year, after a winter of great suffering, he 
sailed for New York, and spent there several weeks, with some slight 
improvement in his health. Passing through Washington city, he 
visited his friends in Tennessee, and then reported for duty to the 
Adjutant-General of the Southern Division, at Nashville, and was 
detailed on duty in the Adjutant's office, stationed at Nashville from 
the first of January, 1819. He was occupied in the office till the fol- 
lowing November, when he was detailed on extra duty as a sub-agent 
among the Cherokees, to carry out the treaty just ratified with that 
nation. Notwithstanding his feeble health made it perilous for him 
to face the exposures incident to such an agency, still, as Gen. Jack- 
son could procure no other person in whom he could repose such 
entire confidence, and as his life-long friend considered that the pub- 
lic service required that he should make the effort, Lieut. Houston 



Houston as Sah-Agent for' the Cherohees. 31 

yielded to the importunities of his commander, and entered upon the 
new duties with zeal, and performed them with eminent ability. 
Unfit for public service when he commenced this line of duties, and 
offered a furlough if he should decline the agency, he was successful 
beyond his own expectations. Conducting, however, a delegation of 
Indians to Washington during the same winter, arrived at the seat 
of Government he learned with amazement that efforts had been put 
forth to lower him in the estimation of the Government for "havino- 
prevented African negroes from being smuggled into the Western 
States from Florida," which at that time was a province of Spain. 
Friends of the smugglers then in Congress had circulated these re- 
ports. He appeared before President James Monroe, and the Secre-~ 
tary of War (Hon. John C. Calhoun), and vindicated himself, prov- 
ing that he had only striven to secure respect for the laws of the 
country in all that he had done. Occupied most laboriously in his 
new and difhcult mission, discharging its duties with marked ability, 
he was still suffering severely from the painful wounds which he had 
received in the service of his country. Gen. Jackson and all who 
understood the position and services of Houston thought that he 
should have received some warmer recognition for his great services 
and sacrifices for the State than the full and complete exculpation 
from blame which was freely accorded to him. Sensitive under a 
sense of slight, he resigned his first lieutenancy in the army at a 
period when his precarious health made it extremely doubtful in 
what way he was thereafter to obtain a livelihood. In accordance 
with the convictions of his life, and acting on the principles which 
always had governed and animated him, he threw up his commission 
in the army, returned with the delegation to the agency on the Hi- 
wassee, and then resigned his commission as sub-agent among the 
Cherokee Indians, and went to Nashville to commence the readino- 
necessary to practice law. Few young men had ever had such a pre- 
paratory drill in the hard service of life, beginning as Sam Houston. 
Of academies and colleges, of professors and libraries he had small 
acquaintance, but with wild human nature, with toil, struggle, weari- 
ness, hunger, pain, danger, and suffering he had been familiar from 
his early erratic boyhood up to the time when he bade farewell to 
the army of the United States, and determined to qualify for the 
honorable duties of a lawyer. 

MEMORANDUM FOUND AT WAR DEPARTMENT. 
" Sam Houston entered yth infantry as a Sergeant ; became ensign in 39th in- 
fantry 29th July, 1813 ; was severely wounded in battle of Horse Bend under Maj. 
Gen. Jackson 27th March; made Third Lieut. Dec, 1813; promoted as Second 
Lieut, in May, 18 14; retained May 15th in ist infantry; became First Lieut. Mar. 
1st, 1818, resigned May 17th." 



/ 



CHAPTER IV. 

Studies Law — Admitted to the Bar— Letters of J. V. Drake and F, Golladay — 
District Attorney — Major-General — Member of Congress — Governor— First 
Marriage — Reasons for Leaving his first Wife — Departure to the Indians. 

HE began his legal studies in June, 1818. He was then in his 
twenty-fifth year. Experience and observation had enriched his 
mind. In the national struggle just closed he had gained a hero's 
name. With the hardships of the school of the soldiers he had become 
thoroughly conversant. Artificial life had exhibited to him its chill 
and deceit. From the wild sons of the forest he had received lessons 
nowhere else imparted. His pay in the army had been inadequate 
to meet his necessities while wandering to recover his health. He 
began the study of law burdened by a load of debt, to liquidate 
which he sold his last piece of property, and paid its avails to meet 
these debts. The balance of debts still unpaid, amounting to some 
hundreds of dollars, he soon after discharged. Under such circum- 
stances Sam Houston, the soldier of fortune, the child of destiny, 
commenced his studies. 

When he entered the office of his law preceptor, Hon. James 
Trimble, at Nashville, he was informed that it would require 
eighteen months of hard study to secure a license to practice at the 
bar. He read thoroughly a few of the standard works prescribed in 
a course of legal studies. The principles of the science were grasped 
and tenaciously fixed in his mind. His original cast of mind relied 
on the fundamental principles of truth, not on its details. Axioms 
not requiring proof, causes clearly effective, effects undoubtedly 
linked to causes, principles clear as sunlight took possession of his 
great mind, and were more effective in securing his conclusions and 
inducing conclusions with others than a full library of precedents 
and authorities. He was not, therefore, a learned student in the 
sense of taxing his memory with mere legal opinions, but he was a 
profound thinker on law principles. 

His preceptor had prescribed eighteen months' study. He was 
recommended to apply for a license to practice in one-third of the 
time. He passed a searching examination most honorably to him- 
self and the profession of the law, after six months' study. Purchas- 
ing a small library on credit, he opened a law office in Lebanon, 
(32) 



Houston Admitted to the Bar. 33 

thirty miles east of Nashville, and began the practice of his profes- 
sion. Of his career at Lebanon, the following extracts furnish inter- 
esting reminiscences : 

" Lebanon, Tenn., April 30, 1867, 
" Lebanon, where I am now stopping, is the town where Gen. Houston first put 
out his ' shingle ' as an attorn ey-at-law. He had studied law either three or six 
months at Nashville, and being short of funds, was under the necessity of doing 
something. He came up here, without means, a stranger among strangers. Mr. 
Isaac Golladay, a merchant of this place, and also P. M., furnished Mr. Houston 
an office at one dollar per month ; sold him clothes on credit ; credited him for 
his postage, each letter being then charged twenty-five cents ; and recommended 
him to the people. This was about the year 1818-19. How long Mr. Houston 
remained at Lebanon I do not know, but long enough to get a respectable prac- 
tice, pay out of debt, gain the favorable opinion of the people, and to show them 
that he was a man of more than ordinary promise. When he was about to leave 
Lebanon he made a speech — a sort of farewell address — to the people, on some 
public day, at the Court House. I have myself heard some of the old men who 
were present speak of this speech. In substance he said: 'Gentlemen, — The 
time has come when I must bid you farewell. Although duty calls me away, yet 
I must confess that it is with feelings of sincere regret that I leave you. I shall 
ever remember with emotions of gratitude the kindness which I have received at 
your hands. I came among you poor and a stranger, and you extended the hand 
of welcome, and received me kindly. I was naked, and ye clothed me ; I was 
hungry, and ye fed me ; I was athirst, and ye gave me drink, etc' His speech, 
continued in this strain, was so emphatically true, and withal delivered in so 
pathetic a style that its effect was to cause many of the people to shed tears. He 
carried away with him the good-will and kind wishes of the people of Wilson 
County, and afterward, when he had begun to ascend the ladder of political fame, 
the people of Lebanon and Wilson County supported him for Governor with 
almost unequaled unanimity. As regards his 'first marriage,' the version you 
gave me at Brenham is the one most current here, and is doubtless the true one. 
Be particular to notice that Sam Houston commenced the practice of law at Leba- 
non, Tenn. He is not the only man who has gone from Lebanon and become 
famous ; still Lebanon is justly proud of Sam Houston, and would not have this 
fact omitted. 

"Very respectfully, I. V. Dr.\ke." 

The son of Isaac Golladay alluded to in Mr. Drake's letter fur- 
nished that gentleman with the following statement, which exhibits 
how Gen. Houston remembered the friends of his early manhood : 

" I was travelling in Texas in the year 1853. Arrived at the town of Hunts- 
ville. Walker Co., on Sunday, about 1 1 o'clock. The good people of the town and 
vicinity were passing on to church as I rode up to the hotel. I was very sick ; 
had a high fever on me when I dismounted. I told the landlord I was very sick, 
and wanted a room ; he assigned me a room, and was very kind in his attentions 
I took a bed immediately, and, while talking to him, asked him in what part of the 
State Sam. Houston lived. He replied, ' He lives about one and a half miles from 
town, and his family and he have just passed, going to church, in his carriage.' 
3 



h 



34 Life of Sam Houston. 

To this I said : 'Please keep on the look-out, and when he returns from church 
let him know that a- Golladay, of Tennessee, wss lying sick there.' After the 
church hour was over, say 12 or i o'clock, a large, portly, elegant-looking man, 
came walking into my room and to my bedside. I knew, from the description 
which I had had of him, that it was Gen. Houston, although I had neverseen him. 
I called him by name. He asked me if I was a son of his old friend, Isaac Golla- 
day, of Lebanon, Tennessee. I replied, I was. He then asked, which one ? I 
told him I was Frederick. He said that he knew my older brothers, but he had 
left Lebanon before I was born, but added, ' If you are the son of Isaac Golladay I 
recognize you as the child of an early and true friend. I went to Lebanon, where 
your father, Isaac Golladay, resided, a poor young man ; your father furnished me 
an office for the practice of law; credited me in his store for clothes; let me have 
my letters, which cost then 25 cents postage, from the office of which he was post- 
master; invited me to his house, and recommended me to all the good people of 
his large general acquaintance.' He then said : ' You must go out to my house ; 
I will come in my carriage for you in the evening.' I replied, with thanks, that I 
was too sick to go, but he insisted on coming for me the next morning, to which 
I consented. Early the next morning he came for me ; being better, I went out to 

his house with him. He placed me in a room in his yard, saying that Mrs. H 

was confined to her room with an infant at the time. My fever rose and kept me 
confined. He sent for a physician. I was sick there for about ten days or two 
weeks. He made a servant-man stay and sleep in the office with me, to wait on 
me all the while, but often would come to see me and spend much of his time with 
me. One night, especially, while I was sick, the doctor had left orders for my 
medicine to be given through the night, and my feet bathed in warm water; he 
staid all night with me. He had the vessel of warm water brought, pulled off his 
coat, rolled up his sleeves, to wash my feet. I objected, the servant being present. 
He replied, 'My Master washed His disciples' feet, and I would follow His glori- 
ous example,' and insisted that he should do so. During the time which he spent 
with me in my sick-room he gave me much of his early history. He gave me an 
account of the affecting scene when, in a brief address, he took leave of his friends 
in Lebanon, to which Mr. Drake alludes, and in recounting which many old citi- 
zens say that the emotions of his audience were so excited that there was not a 
dry eye in the whole assembly. He was very much beloved by all while he resided 
in Lebanon. FREDERICK GOLLADAY." 

Young Sam. Houston, with characteristic earnestness, pursued his 
legal studies at Lebanon ; practiced his profession so faithfully, that 
he rose rapidly at the bar ; and in October of the same year in which 
he commenced to practice he was elected District Attorney of the 
Davidson District. This made it necessary for him to take up his 
residence at Nashville. About this time he was appointed Adjutant- 
General of the State, with the rank of Colonel, and in 182 1 he was 
elected Major-Oeneral by the field officers of the division which com- 
prised two-thirds of the State. Removed to Nashville from Lebanon, 
he was confronted by the legal mind of one of the ablest bars in the 
Westerii States. He was about twenty-six years old. There were 
veteran lawyers with whom he was obliged to come into collision, 



Commended hy Jackson to Jefferson. 35 

who tried severely his remarkable powers. The path of prosecuting 
attorney was new to him, but it is said that he rarely failed in his 
prosecutions. If twitted upon the suddenness of his legal promo- 
tion, or berated for want of experience in the practice, his retorts 
were so well turned and applied that he was neither twitted for his 
freshness, nor berated ior his inexperience again. His practical sense 
and keen insight into human genius made ample amends for want of 
legal reading and long experience. He labored unceasingly in the 
duties of District Attorney. At the end of twelve months he was 
compelled to resign, as the fees of the office were too inconsiderable 
for his support. Resuming the regular practice, business crowded 
upon him, and rapidly promoted him to high distinction. Only 
powers of the highest order could have advanced a young man so 
rapidly at the capital of' Tennessee, and in the presence of some of 
the most distinguished men of the Union. Had he confined himself 
to the bar he would have placed his name and fame among the first 
jurists of the world. But political life had its attractions for him, 
and in 1823, when thirty years of age, his friends urged him to sub- 
mit his name to the voters of his district as a candidate for the U. S. 
House of Representatives. Every station, so far, in life, had been 
worthily filled, and had inspired his fellow-citizens with the highest 
respect. His career as a lawyer displayed true native genius. Self- 
made as to education, of commanding address and imposing per- 
sonal figure, a favorite of the Old Chieftain of the Hermitage, he was 
elected to Congress without opposition. 

The following letter is rare for its writer, its object, and the person 
to whom it is addressed : 

" Hermitage, Oct. 4th, 1823. 
" Thomas Jefferson, Esq., 

" Monticello, near Charlottesville, Virginia. 

" Dear Sir : — This will be handed to you by Gen. Sam. Houston, a represent- 
ative to Congress from this State, and a particular friend of mine, to whom 1 beg 
leave to introduce you. I have known General Houston many years, and, enter- 
taining for him the highest feelings of regard and confidence, recommend him to 
you with great safety. He has attained his present standing without the extrinsic 
advantages of fortune or education, and has sustained, in his various promotions 
from the common soldier to the Major-General, the character of the high-minded 
and honorable man. As such I present him to you, and shall regard the civilities 
which you may render him as a great favor. 

" With a sincere wish that good health and happy days are still yours, 
" I remain, 

" Your friend, and very obliged servant, 

" Andrew Jackson." 

Some of the most eminent men who have ever held a seat in the 
National Councils were members of Congress at this time. Henry 



36 Life of Sam Houston. 

Clay was Speaker, and orators and statesmen, completed or nascent, 
were the law-makers of the memorable period of the candidacy for 
the Presidency of John Quincy Adams, Andrew Jackson, Henry Clay, 
and Wm. Henry Crawford. 

The first term of Sam. Houston in Congress was amid exciting 
events, but his course was so faultless, so acceptable to his constit- 
uents, that they showed the warmth of their approval by returning 
him a second time by a nearly unanimous vote. His second term 
raised him still higher in the esteem of the people of Tennessee. 
Their confidence knew no bounds. Few men have risen so rapidly 
in popularity. In 1827 he was elected Governor of the State by a 
majority of over 12,000. His career as Governor was popular. The 
duties of the oflEice were discharged with stern^ fidelity to the Consti- 
tution, and in earnest sympathy with the people and their interests. 
But an event occurred in the zenith of his popularity, when no man 
except General Jackson exercised greater influence over the popular 
sentiment and affections, which suddenly threw a shadow over his 
character, and terminated his political career in Tennessee. 
_.In January, 1829, he was married to a young lady of reputable con- 
nections and gentle character. Her kindred were personal and polit- 
ical friends of Gen. Houston, and had zealously supported him in 
his political canvasses. The whole country was taken by surprise 
when, about three months after the marriage, a separation took 
place. No publication, either from Gen. Houston or the lady, has ever 
furnished the reason for this remarkable proceeding. Unfounded 
reports, born of bitter malignity, were scattered through Tennes- 
see, and the popular feeling was so completely inflamed that, in this 
strange excitement, the State was divided into two hostile parties. 
His name was denounced ; impertinent disturbers of the peace, curi- 
osity-hunting busybodies, whom human laws rarely reach, yet crimi- 
nals against the peace and dignity of society, and the laws of God 
and man, did not hesitate to charge him with every species of crime 
ever committed by man. He offered no denial of these allegations, 
and to his dying day ever spoke of the young lady in terms of un- 
qualified respect and great kindness. He never authorized any ex- 
planation of this singular event, but was wont to say, as a reply to 
all inquiry, as -has been published, " This is a painful, but it is a 
private affair. I do not recognize the right of the public to interfere 
in it, and I shall treat the public as though it had never happened. 
And remember, that whatever may be said by the lady or her friends 
it is no part of the conduct of a gallant or generous man to take up 
arms against a woman. If my character can not stand the shock, let 
me lose it. The storm will soon sweep by, and time will be my vin- 
dicator." Over fifty years have elapsed since this strange event oc- 



Houston^ s First Marriage when Governor. 37 

curred, and, possibly, it can not do any party to this strange affair 
aught of injustice to make the only statement known to have been 
made by him to another. It is well known that between the second 
Mrs. Houston and General Houston there was the most perfect sym- 
pathy, a devotion of the one to the other, a chivalric respect for each 
other's feelings and peculiarities, a Christian regard for all the re- 
sponsibilities of the marital relation, which made their union a 
blessed one, over which no breath of suspicion ever floated. Nearly 
two years after his death, and about two years before her own death, 
the second Mrs. Houston, whose history will form a chapter in this 
volume, gave the writer the only clue to his separation from his first 
wife which ever escaped his lips. It can be summed up in a few 
words, and then dismissed to the shades of oblivion. The first Mrs. 
Houston, three months after their marriage, in a conversation with 
General Houston, admitted that at their marriage he had not won 
her heart, and that he did not possess it then. There was no admis- 
sion of infidelity on her part, and no charge of the same on his part. 
She plainly intimated that, although married to him, her affections 
had never been transferred from another to him. ' To a man of 
grand physique, attractive manners, heroic nature, poetical tempera- 
ment, rare conversational powers, and a natural speaker; a man who 
had rapidly ascended the ladder of fame, and was the idol of the 
multitude; a man of fervid impulses, and knightly attachment to 
woman's virtues — to such a man, such an admission was overwhelm- 
ing. The moral courage which had faced poverty, the heroism which 
had dared death on the battle-field, the fortitude which had endured 
the excruciating pains of unhealed wounds, were all insuflftcient for 
such an ordeal, and he succumbed. 

Almost by acclamation he had been elected Major-General, Dis- 
trict Attorney, Member of Congress, and Governor of a great State, 
but he determined to surrender all his brilliant prospects of future 
distinction in Tennessee, and immediately resign the office of Gov- 
ernor. His decision was that indicated by the reasonings of a philo- 
sophic mind, and not the suggestions of a guilty nature. Odium 
was cast upon him, the journals of the day denounced him, malignity 
untiring vented its spleen upon him, and threats of violence were 
made against him. Amid all, he exhibited no craven spirit, nor 
sought for the world's sympathy. He defied human malice and vio- 
lence. Although enemies were vehement and threatening, his friends 
gathered around him, and were his shield of defence. Bloody scenes 
would have forever disgraced Nashville, had any of the threats of 
personal violence been executed, and, to this hour, there are none 
more willing to vindicate Sam Houston than the survivors of that 
period and the children of his early friends in Nashville. He re- 



38 Life of Sam Houston. 

solved upon exile. On that resolution hung a future which has filled 
up with some of the most memorable events of modern times. Had 
that first marriage resulted happily, the history of the Indian nations 
in the Southwest, and of Texas, would have had other events, and 
even the map of the United States might have been dififerent. For 
one to throw away the robes of oflfice just as the wreath of glory was 
twining around his brow, to exchange the fascinations of political 
leadership in civilized life for the obscurity of the wilderness, was an 
uncommon event rarely witnessed. Voluntarily, after the wrath of 
his enemies had diminished and his real strength appeared greater 
than ever, to drown the reflections which harrowed his heart he 
exiled himself. It was the leading of Divine Providence, mysteri- 
ously shaping his future life, and leading him by strange forest paths 
to be the founder of a new empire, ultimately to become one of our 
grand cordon of American States, Agencies and instruments are 
needed for great occasions, for a great work. Human sagacity does 
not descry the future, nor apprehend how these agencies and instru- 
ments are to be provided. An erratic boyhood, a wild life among 
uncivilized men, a soldier's hard fare, and a hero's fate, contest with 
enmity, trial in station under difficulties, constitute the ordeal 
through which one remarkable agent was called to pass. That 
agent was Sam Houston, a name which forms no common part 
of American history. 



CHAPTER V. 

Life Among the Indians— Wrongs Done Them — His Condemnation of such Wrongs— 
The Difficulty with Hon. Mr. Stansberry, of Ohio — The Caning — Trial 
BY House of Representatives and Courts of the District of Columbia. 

WHILE a runaway boy among the Cherokee Indians in the Hi- 
Wassee Country, Sam Houston was adopted as his son by Oo- 
looteka, the chief, who gave him shelter and protection. In the 
course of events this Cherokee chief had removed to Arkansas and 
had become principal chief of his tribe, resident there. Tokens of 
fond recollection passed between this chief and the subject of this 
memoir. Eleven eventful years had passed, but their attachment 
knew no abatement. Resigning the gubernatorial chair of Tennessee he 
determined to wend his way to the wigwam of the old Cherokee chief. 
That chief was his adopted father, and he was assured that he would 
greet and welcome him with a hearty blessing. Embarking on a steam- 
er on the Cumberland River, he separated from his devoted friends 
amid evidences of warm affection, presenting a scene of touching ten- 
derness. The chief honors of the State had crowned him. He had 
filled its highest stations. In the strength and vigor of early man- 
hood, he stood forth in his thirty-fifth year, a man of the people, to- 
ward whose future promotion all his friends had looked with eager 
anticipations of a brilliant career. Nor were they to be disappointed, 
for that career, although it did not culminate among the mountains 
and plains of Tennessee, still it reached the acme of its glory amid 
the grandeur of Texan scenery. 

From Nashville he went, by steamer, to Little Rock, Arkansas, 
thence four hundred miles to the north-west, to the falls of the Ar- 
kansas. He travelled alternately by land and water. Near the mouth 
of the Illinois, on the east side of the Arkansas, the old Chief Ooloo- 
teka had built his wigwam. Above Fort Smith, on both sides of the 
river, the Cherokees were settled. The falls were two miles distant 
from the chief's dwelling. It was night when the steamboat reached 
the landing. A message was sent to the old man as the boat passed 
the mouth of the river, that Coloneh (the Rover, the Indian name 
given Sam Houston on his adoption,) was on board. Bringing with 
him all his family, he came to meet his adopted son. Throwing his 
arms around him and embracing him with great affection : " My 

(39) 



40 Life of 8a7n Houston. 

son," said he, "eleven winters have passed since we met. My heart 
has wondered often where you were, and I heard you were a great 
chief among your people. Since we parted by the falls as you went 
up the river, I have heard that a dark cloud had fallen on the white 
path you were walking, and when it fell in your way you turned your 
thoughts to my wigwam. I am glad of it ; it was done by the Great 
Spirit. There are many wise men among your people and they have 
many councillors in your section. We are in trouble, and the Great 
Spirit has sent you to us to give us counsel and take trouble away 
from us. I know you will be our friend, for our hearts are near to 
you, and you will tell our sorrows to the great father, General 
Jackson. My wigwam is yours ; my home is yours ; my people are 
yours ; rest with us." Such a greeting took largely from his breast 
the bitter gloom and sorrow of the past few weeks. He was at home ; 
the wanderer had rest. The chief possessed a large plantation, ten 
or twelve servants, and not less than five or six hundred head of cat- 
tle. Living like a patriarch, simply, abundantly, his wigwam and 
bountiful board were welcome to visitors, and he always entertained 
numerous guests with princely hospitality. The venerable chief was 
six feet high, and although about sixty-five years of age, his eye- 
sight did not fail him, nor did he exhibit the feebleness of age. 
With courtly carriage he moved among the people of his race and at 
their council fires presided with the peerless grace of a king upon his 
throne. With him Sam Houston remained till manifest destiny called 
him to Texas. 

The Indians, oppressed and outraged, had the sympathy of Hous- 
ton. He knew their wrongs, and his untiring and magnanimous 
efforts in their behalf form some of the finest pictures of the lights and 
shadows of forest life. Domiciled among them, he determined to care 
for their interests and protect them in their rights. He had studied the 
mysteries of nature among their wigwams, around their council fires, 
and in the silent virgin forests. By an Indian he had never been be- 
trayed or deceived, and the Indians on this continent never had a 
better friend than Houston. White men had wronged them, intro- 
duced discord at their council fires, robbed them of their forests and 
game, driven them from the graves of their fathers, and enticed them 
from their happy hunting grounds by deceitful bribes of trinkets and 
rifles. White men had introduced among them their vices and loath- 
some diseases. For their peltry they gave them whiskey and cards ; 
thus by these accursed agencies they had degraded their powers, 
bowed the strength of their aboriginal nature, and humbled their 
sublime chivalry. Stern chieftains had become idiotic sots. Tribes 
had melted away. The remnants of tribes once indomitable, but mag- 
nanimous, knew no other sentiment than revenge toward those who 



Houston and the Indian Agents. 41 

had wronged them in violation of every treaty, and usurped the fair 
lands over which their forefathers had once roamed, undisputed 
monarchs, chainless and free. 

Knowing that General Jackson, who was then President, and who 
was his life-long personal friend, would sympathize with him in his 
efforts to benefit the Indians, he resolved to scrutinize the actions 
of the Indian agents and sub-agents, and report the result to the 
President. He never entered the councils nor joined in the delibera- 
tions, although he was at all times invited to take part in the coun- 
cils of the Cherokees. The manifest injustice and cruel oppressions 
inflicted upon this people by the agents charged with the conduct of 
their affairs on their migration to the Indian country, were matters 
of history detailed to him by the old chief. One instance of the out- 
rageous wrong done them may suffice. By treaty, they were to re- 
ceive twenty-eight dollars per capita in exchange for the lands which 
they had on the Lower Arkansas. This aggregated a very large sum 
in money. Under pretence that they had no money, the agents 
issued certificates. The Indians received these certificates, and as 
they had always considered paper worthless, they were easily per- 
suaded to part with their paper to the merchants, who were in col- 
lusion with the agents, and who purchased the certificates 
fraudulently, for a trifling sum, inducing the Indians to believe 
that it was doubtful whether the Government would ever be able 
to send them the money. For the sacred obligations of our Gov- 
ernment, made under the sanctions of a treaty, these deceived ex- 
iles often received a " Mackinaw blanket, a flask of powder, or a bot- 
tle of whiskey." It is doubtful whether a fifth part of the money 
secured to them by sacred treaty ever passed into their hands, and 
even this fifth was wrung from them for whiskey, or in gambling. 
Preyed upon by abandoned speculators, whole tribes were robbed of 
the munificent grants of Congress. 

General Houston had for more than a year a trading establish- 
ment between the Grand River and the Verdegris, and although at 
that time far from being a practical temperate man himself, he never 
permitted traffic in destructive drinks, and made unceasing efforts 
to prevent the introduction of ardent spirits among the Indians. Oc- 
casionally he indulged in intoxicating drinks to excess, at Fort Gib- 
son and other white settlements, but his love for the red men and sense 
of right, forbade that he should ever be a party to the traffic or use 
of poisonous liquids to contribute to their crimes or misfortunes. 

Holding no official station himself, and mingling freely with them, 
with no selfish aims, a voluntary exile to their wigwams, a witness of 
intolerable acts of outrage on the rights of a generous people, he de- 
termined to report these outrages to the General Government, that 



42 Life of Sam Houston. 

their perpetrators might be immediately removed. Accordingly, 
early in 1832 he went to Washington city and presented such a 
statement as resulted in an investigation of the conduct of no less 
than five agents and sub-agents and their prompt removal. These 
agents and sub-agents had powerful friends in Congress. Instiga- 
ted by mortified pride, they crowded the journals of Arkansas with 
infamous libels upon Houston's character. They never forgave him 
the crime of tearing away the mask from a band of leagued land 
pirates, and they lavishly used their money with a venal press to 
overwhelm him with infamy. A hostile majority controlled Congress 
at that time and used the most strenuous exertions to crush Gen- 
eral Jackson; but the heroic old man smiled on the shafts of calumny 
which were hurled harmlessly at him ; and 'midst the waves of malig- 
nity which surged around him, untouched, unscathed, he calmly 
gazed upon the futile efforts of his political foes. But a young hero 
was the sworn friend of the President. If they could not strike Gen- 
eral Jackson directly, they might injure him through his personal 
friend. All the foes of General Jackson were successfully rallied 
against him. He had proved incontrovertibly against them some 
startling facts. The agents had been contractors for furnishing In- 
dian rations. To multitudes only a scanty and insufficient supply of 
food had been supplied, and through their neglect or cupidity, some of 
the Indians had actually died of starvation. As there was but one point 
in the two nations (Creeks and Cherokees) where rations were issued, 
the emigrants, as they could not make a crop, were compelled to 
locate in a most unhealthy district of country, where only their ra- 
tions could be obtained. The exposure of this grievous wrong 
aroused the fiercest malignity of the desperate men, determined on 
injuring General Jackson and crushing General Houston. 

The truth of history requires that names shall not be suppressed. 
Hon. Wm. Stansberry, of Ohio, a gentleman remarkable at that time 
for his personal animosity toward General Jackson, was selected as 
the file leader of the crusade against General Houston. He had 
been elected as a friend of the President, but was induced to become 
the instrument of wiser, if not better men, to make the onslaught. In 
his place, as representative of Ohio in the House of Representatives, 
he boldly charged General Houston with an attempt to obtain a 
contract for Indian rations fraudulent in character and design, and 
as boldly insinuated that the then Secretary of War and even Gen- 
eral Jackson were involved in the attempt to defraud. 

All sorts of calumny had been heaped upon Houston. He had 
hitherto borne all in silence ; but his forbearance now forsook him. 
That the integrity of his bnst personal and political friend should be 
assailed by a member of Congress, without shadow of evidence, was 



^^^^^^5^ ^:^cZ^^^^:Z^ ^~^^-^j^ 




■7-^ 



/^ 






Houstori's Encounter with Stansherry. 43 

too much for endurance. He determined — and we do not pretend to 
say that his course was in this case a wise one — to chastise the member 
for his cowardly insolence to the President. The member ascertained 
Houston's purpose and avoided him, but learning one evening that 
Houston was unarmed, he crossed to the side of Pennsylvania Ave- 
nue where Houston was walking, to make an attempt upon his life, as 
there is the best reason to suppose ; for it was proved in the trial that 
Stansberry was armed and Houston had no v/eapon with him but a 
hickory cane. Recognizing his antagonist by the moonlight, Hous- 
ton asked him if he were Wm. Stansberry, of Ohio. No sooner had 
the answer escaped Stansberry's lips than Houston, as he was un- 
armed and had no time to close, levelled him to the ground, shiver- 
ing his hickory cane upon his head. A pistol, held to the breast of 
Houston by the member from Ohio, had snapped, but missed fire, or 
he had been a dead man. iTouston spared the forfeited life, speak- 
ing after the manner of "a false code of honor," and the humbled 
member of Congress betook himself to the bed which he kept for 
some days. 

Four processes were commenced against Houston by the chastised 
member. He expected to disgrace and crush the General forever by 
these methods. First : The House of Representatives resolved itself 
into a judicial tribunal, directed the Sergeant-at-Arms to arrest Gen. 
Houston, and bring him to its bar, to be tried on the "charge of vio- 
Jation of the rights of one of its members, whom Houston had held 
responsible for words uttered in debate." For nearly thirty days the 
Court sat, and to condemn the accused man no means were spared. 
His friends argued with great ability that the House had no juris- 
diction in the case ; that Congress, by the Constitution, had been 
made a Legislative Assembly ; that it possessed no judicial powers 
over American citizens. In this view, some of the political oppo- 
nents of Gen. Jackson concurred. Houston spoke in his own defence 
on the trial, at great length, with consummate ability and eloquence. 
But as the matter dragged wearily for a month, his foes became tired 
of the prosecution, and the people were becoming indignant that the 
business of the country should be abandoned by the Congress, to 
prosecute a soldier who had bled in the service of his country, and 
who was unfortunately self-exiled. He had been four years a mem- 
ber of the body before which he was arraigned ; he had been Gov- 
ernor of Tennessee ; he bore in his body unhealed wounds received 
in fighting for the flag which then floated over the Capitol. Popular 
feeling turned in his favor ; as it was understood that he had only re- 
pelled the attack of an armed coward, and chastised one who had 
boldly charged. the President of the United States with fraud be- 
cause he thought he would be protected by his privilege as a member 
of the House m so doing. Houston became dear to the people as 



V 



t 



44 Life of Sam Houston. 

they learned that his torture was the consequence of earnest and de- 
voted love for Gen. Jackson, the then President of the Union. The 
trial closed with a party vote, instructing the Speaker, Hon. Andrew 
Stevenson, of Virginia, to reprimand the prisoner at the bar of the 
House. The reprimand was delivered so delicately and courteously, 
that all over the Union it was regarded as a signal triumph, and car- 
ried more the tone of approval than of reprimand. 

The second method was the appointment of a committee to investi- 
gate the charge which the member from Ohio had made, that 
Houston was guilty of fraud, in an attempt to procure a contract for 
furnishing Indian rations. Houston, in conscious innocence, advo- 
cated this measure. The committee was appointed, — Stansberry, of 
Ohio, was appointed its chairman. Thus armed, he conducted a 
tedious and thorough investigation. But after examining every cir- 
cumstance which could be adduced, the committee was compelled, 
finally, to report that they had not found the slightest evidence with 
which to support the charge. 

The third method was by resolution for ever to exclude him from the 
lobby of the House, where as an Ex-Member of Congress and Ex- 
Governor of a State, he was privileged to go. The resolution was 
not adopted. 

The fourth method was indictment by the Grand Jury of the Dis- 
trict of Columbia. He was held to bail in a criminal process of 
$20,000. He stood the bail, which resulted in a fine of $500 and 
costs, but no attempt to enforce the sentence of the Court was ever 
made, and the last act but one of Gen. Jackson's administration was 
to remit the fine. Houston was triumphant over all his foes. 
Seldom has so malignant a persecution ever been waged against a 
man in public life. He had invited scrutiny. He showed no coward- 
ice. Hife foes retired from the contest loaded with chagrin and con- 
tempt. He returned to his voluntary exile — a home in the distant 
wigwam of the old Indian chief. For a year he had endured the 
persecution of men of pretended civilization, and now, wherever he 
went, especially in Tennessee, he was received with enthusiastic 
demonstrations of regard. State pride asserted itself among Ten- 
nesseeans, to protect and honor a citizen who had passed through 
such cruel and undeserving persecutions. Though posts of honor of- 
fered, no emoluments tendered by his friends, or by Gen. Jackson 
particularly, could persuade him from once more returning to the 
forest. He resided, in all, nearly three years among the Cherokees. 
Of the manner in which the Indians were wronged. Gen. Houston 
once said : " During the period of my residence among the Indians 
in the Arkansas region, I had every facility for gaining a complete 
knowledge of the flagrant outrages practiced upon the poor red 
men, by the agents of the Government. I saw every year vast sums 



The LidianR Defrauded and Dehanched. 45 

squandered and consumed without the Indians deriving the least 
benefit, and the Government, in very many instances, utterly igno- 
rant of the wrongs that were perpetrated. Had one-third of the money 
advanced by the Government been usefully and wisely applied, all 
those tribes might have been now in possession of the arts and en- 
joyments of civilization. I care not what dreamers and politicians 
and travellers and writers may say to the contrary. I know the In- 
dian character, and I confidently avow, that if one-third of the 
many millions of dollars our Government has appropriated within 
the last twenty-five years, for the benefit of the Indian population, ' 
had been honestly and judiciously applied, there would not at this 
time be a single tribe within the limits of our States and Territories, 
but would have been in the complete enjoyment of all the arts and 
all the comforts of civilized life. But there is not a tribe that has 
not been outraged and defrauded ; and nearly all the wars we have 
prosecuted against the Indians, have grown out of the bold frauds, 
and the cruel injustice, played off upon them by our Indian agents 
and their accomplices. But the purposes for which these vast annui- 
ties and enormous contingent advances were made, have only led to 
the destruction of the constitutions of thousands, and the increase 
of immorality among the Indians. We can not measure the desolat- 
ing effects of intoxicating liquors, among the Indians, by any analogy 
drawn from civilized life. With the red man the consequences are 
a thousand times more frightfulj' Were Gen. Houston now living, 
he could have added to this statement from the London Examiner : 

" When Captain John Smith, and his swash-bucklering' cavaliers landed in the 
' Empire of Virginia,' the aborigines of the United States, judging from the 
traces which they have left behind, could not have been less than four or five mil- 
lions in number. We question if, at the present moment, they number five hun- 
dred thousand. Driven from bank to wall, and from wall to ditch, they have 
contested every foot-breadth of the weary road over which they have had to re- 
treat, to make way for the Anglo-Saxon flood. Disease, whiskey, misery untold, 
and villainous saltpetre have civilized them off of the face of the earth, once 
their own. Once, all the region east of the Mississippi, from Maine to Louisiana, 
was thickly peopled with the prosperous villages of those whom the old travellers 
called ' the savages.' No part of America now shows so thickly populated a coun- 
try, or so joyous a savage race as those who there hunted in the woods, and 
paddled their birch canoes, or Mandan coracles. With the exception of a few all 
but civilized fragments of tribes in one or two of the States, there is not now one 
single Indian who owns to the name, in all that wide region. A swarthy, keen- 
eyed lawyer, ple'ding in the Supreme Court of New York, or a very dark-haired 
gentleman who sits next to you in a general's uniform at a State dinner in the 
White House, are, to the keenest ethnological eye, about the only signs of the now 
thickly peopled States, covered with cities and towns, having been once inhabited 
only by dwellers in wigwams, who fished the salmon, and hunted the bear and the 
deer, with no man to make them afraid." 



CHAPTER VI. 

Texas — Struggling — Houston's First Visit to Texas— Letter to Gen. Jackson — 
Letter of John Van Fossen to Houston — CoNVENTif>N at San Felipe de Austin 
— Efforts to Form Texas into a Constitutional State of Mexico— Houston in 
THE Convention — Austin as Messenger to Mexico — His Ill-Success. 

AFTER three years of forest life among the Indians in Arkansas, 
Gen. Houston conceived the idea of becoming a herdsman. He 
was in the morning of life, and in the full vigor of his powers. The 
history of American struggles for occupancy of Texan soil had been 
studied by him, and stirred his interest in the cause of his suffering 
fellow-citizens. Gen. Jackson had requested him to confer with the 
Comanche Indians, and induce them to send a delegation to Fort 
Gibson, on the Arkansas, with the purpose of afterward visiting 
Washington city. The Choctaws, Chickasaws, and Creeks dreaded 
the Comanches. Their power and hostile disposition prevented the 
emigration of other tribes, and it was thought that if a treaty of 
peace could be secured, that emigration, with peaceful results, would 
ensue. 

A short distance from the junction of the Grand River and the 
Arkansas, and on the margin of a prairie between the Verdigris and 
Grand River, was the wigwam of Gen. Houston. On the ist of Decem- 
ber, 1832, with a few companions, he set out on a journey through 
the wilderness to Fort Towson. He reported himself soon there- 
after to the authorities at Nacogdoches, Texas, thence went on, after 
a few days, to San Felipe de Austin, then the seat of government of 
Austin Colony. Governed by the request of Gen. Jackson, he con- 
tinued his journey to San Antonio de Bexar, where he had an 
interview with a delegation of Comanche Indians. The objects 
contemplated by his secret mission, it is supposed, were accomplished 
at San Antonio de Bexar. Having fulfilled his mission to the In- 
dians, with two companions he returned to San Felipe de Austin. 
The following letter is a key to the most important events in the sub- 
sequent history of Texas : 

"Natchitoches, La., February 13, 1833. 
"Gen. Jackson : 

"Dear Sir : — Having been so far as Bexar, in the province of Texas, where I 
had an interview with the Comanche Indians, I am in possession of some informa- 
tion which will doubtless be interesting to you. and may be calculated to forward 
(46) 



Houston on Annexation of Texas. 47 

your views, if you should entertain any, touching the acquisition of Texas by the 
Government of the United States. That such a measure is desired by nineteen- 
twentieths of the population of the province, I can not doubt. They are now 
without laws to govern or protect them. Mexico is involved in civil war. The 
Federal Constitution has never been in operation. The Government is essentially 
despotic, and must be so for years to come. The rulers have not honesty, and the 
people have not intelligence. The people of Texas are determined to form a State 
Government, and separate from Cohahuila, and unless Mexico is soon restored to 
order, and the Constitution revived and re-enacted, the Province of Texas will 
remain separate from the Confederacy of Mexico. She has already beaten and 
repelled all the troops of Mexico from her soil, nor will she permit them to return ; 
she can defend herself against the whole power of Mexico, for really Mexico is 
powerless and penniless to all intents and purposes. Her want of money taken in 
connection with the course which Texas must and wzll adopt, will render a trans- 
fer of Texas to some power inevitable, and if the United States does not press for 
it, England will, most assuredly, obtain it by some means. Now is a very impor- 
tant crisis for Texas. As relates to her future prosperity and safety, as well as the 
relations which it is to bear to the United States, it is now in the most favorable 
attitude, perhaps, that it can be, to obtain it on fair terms. England is pressing 
her suit for it, but its citizens will resist, if any transfer should be made of them 
to any power but the United States. I have travelled nearly five hundred miles 
across Texas, and am now enabled to judge pretty correctly of the soil and re- 
sources of the country, and I have no hesitancy in pronouncing it the finest coun- 
try, for its extent, upon the globe ; for the greater portion of it is richer and more 
healthy than West Tennessee. There can be no doubt that the country east of 
the river Grand, of the North, would sustain a population of ten millions of souls. 
My opinion is that Texas, by her members in Convention, will, by ist of April, 
declare all that country as Texas proper, and form a State Constitution. I expect 
to be present at the Convention, and will apprise you of the course adopted, as 
soon as its members have taken a final action. It is probable that I may make 
Texas my abiding-place. In adopting this course I will never forget the country 
of my birth. I will notify from this point the Commissioners of the Indians at 
Fort Gibson of my success, which will reach you through the War Department. 
I have, with much pride and inexpressible satisfaction, s'een your message and 
proclamation, — touching the nullifiers of the South, and their ' peaceable remedies.' 
God grant that you may save the Union ! It does seem to me that it is reserved 
for you, and you alone, to render to millions so great a blessing. I hear all voices 
commend your course, even in Texas ; where is felt the liveliest interest for the 
preservation of the Republic. Permit me to tender you my sincere thanks, felici- 
tations, and most earnest solicitude for your health and happiness, and your future 
glory, connected with the prosperity of the Union. 

" Your friend and obedient servant, 

"Sam Houston." 

This letter is invaluable as connected with the history of annexa- 
tion, and the estimate and important part which Gen. Houston bore 
in its development and accomplishment. Standing upon the banks 
of the Red River in 1833, in imagination he saw a line drawn from 



48 Life of Sam Houston. 

the great northern lakes to the Gulf of Mexico, which separated civ- 
ilized, cultivated, and enlightened man from savages, or from no less 
unfortunate people, those who were devoted soul and body to civil 
and religious despotism. He saw the flood of emigration reducing 
the wilderness, and planting civilization, the arts and letters where 
desolation had reigned for ages. His imagination caught fire with the 
prospect of making a double conquest of Texas. " Coming events 
cast their shadows before them." He then feared, as he all along 
feared, British influence, and his fears and jealousy of that power 
were founded upon an enlarged comprehension of British politics. 
The views and policy which ever governed Gen. Houston in all his 
relations to the question of annexation are sagaciously unfolded. 
That Texas would be free, would be peopled by sons and daughters of 
freedom' and that civilization and intelligence would career westward 
on this continent, and only stop with the waters of the Pacific were 
matters encompassed by the vast energies of Gen. Houston's mind, 
American soldiers coming in collision with Mexicans breathed new 
life into the dead body of Mexican politics, and departing left behind 
a spirit of freedom that tore down the altars of anarchy and bigotry. 
A letter of an earlier date will show what influences in the United 
States were stimulating Houston's mind in his plans for Texas 
The writer of this letter was a U. S. postmaster. 

" Livonia, Livingston Co., N. Y., Aug. 3, 1832. 
" Dear Gen. : — I reached home on the 30th ult., and found all well ; but have 
been so much engaged since my return that I have not found a moment to devote 
to your service till to-day. Before this reaches you Major Flowers will have in- 
formed you of the fate of my application to Congress on behalf of the witnesses in 
the Stansberry inquir)'. The committee reported favorably, but it was so late in 
the session that it was impossible to get the House to consider it. Matters re- 
mained at Washington much as when you left, except that it was nearly cleared of 
its transient as well as resident population. I was informed by Col. Shote, with 
whom I parted at Baltimore on my way home, that there was reason to fear that 
your friends in New York would fail of their engagement to furnish the means of 
prosecuting your Texas enterprise. I hope it will not prove true, for I had in- 
dulged the expectation of hearing of, if I could not witness and participate in, the 
most splendid results from this undertaking. I do not believe that that portion of 
country will long continue its allegiance to the Mexican Government, and I would 
much rather see it detached through your agency, as the consequences could not 
fail to be highly favorable to your interest, than to learn that the object had been 
effected through any other means, or even to learn that it had become the prop- 
erty of the United States on the most favorable terms of purchase. I shall feel 
uneasy until I learn from you how the matter has resulted. I have a large and 
dependent fc^mily to provide for and protect, and a cold and heartless world to 
grapple with under circumstances that at present are rather unpropitious, and next 
to my own deliverance from the embarrassments which surround me, it would 
give me pleasure to know that the clouds which have hung over and dimmed your 



Hovston and the State Constitution of Texas. 49 

horizon have been dissipated, and that your sun again shines forth in all its wonted 
grandeur. It has been your fortune to engross more of public attention than any 
other private individual in this nation, and I am asked daily a hundred questions 
about that extraordinary man. Gen. Houston ; and I most ardently hope that I may 
ere long be able to say that you have triumphed over every obstacle that in- 
terposed against the accomplishment o^ your wishes, not doubting but that I shall 
be able to add with honest and commendable pride that those wishes have shown 
themselves worthy of a high-minded and honorable American. 

" 1 am negotiating for a contract to furnish several thousand stands of arms for 
the Government. If successful, I think, with the advantages I have of water- 
power and machinery, I can not fail to make it profitable. If I get the contract I 
will content myself with endeavoring to manage it to the best advantage. Our 
Anti-Masons and Nationals have leagued together to defeat Van Buren and the 
Regency in this State. It is a contest in which I can not participate. I think the 
result doubtful. Pennsylvania will go for the old General, veto and all, though 
I think it equally certain that she will not give Van Buren a vote. The General 
will be re-elected, and I think P. I. Barbour will be the Vice-President, which is 
all I ask for. As I feel a deep interest in your movements, let me enjoin it on you 
to write to me particularly and as often as you have leisure and can find amuse- 
ment in so doing. Several copies of your letter to me of the 7th June last have 
been sent to Ohio, Michigan, etc., and if any apology offers I intend to publish the 
whole correspondence. I have no doubt that letter will be published in Ohio for 
the benefit of Stansberry. May the smiles of Heaven attend your undertaking and 
cheer you, wherever your lot may be cast. 

" Yours, John Van Fossen. 

"To Gen. Sam Houston, Cantonment Gibson, Arkansas Territory." 

In 1832 the people of Texas, in the vicinity of Nacogdoches, 
openly and generally expressed themselves in favor of inviting either 
Gen. Sam Houston or Gen. Wm. Carroll to come among them, and 
take the lead of any revolutionary movement which might be deter- 
mined upon. While, therefore, Gen. Houston was passing through 
Nacogdoches on his way to San Antonio de Bexar, he was warmly 
importuned by the people of the former place to take up his resi- 
dence among them, and to permit them to use his name as a candi- 
date for election to the convention which was called to meet in the 
April following. The people appeared at once to recognize the great 
qualities of civil and military leader which his history and character 
shadowed forth. On his return from San Antonio de Bexar to Nacog- 
doches he learned that by an unanimous vote he had been elected a 
member of the convention. After so generous and cordial a greet- 
ing he took up his residence among his new constituents. The con- 
vention met in a rude, narrow apartment at San Felipe de Austin, 
April ist, 1833. Wm. H. Wharton was chosen president. The as- 
sembly, composed of over fifty members, entered immediately upon 
the object of their meeting, and as each delegate had to pay his own 
expenses, the business of the convention was completed in thirteen 
4 



00 • Life of Sam Houston. 

days. A State Constitution was framed, — a model of its kind. A 
memorial was also adopted by the convention, and each document 
was signed by all the members present. The memorial was ad- 
dressed to the Supreme Government of Texas, and set forth reasons 
why Texas should become one of the States of Mexico. It was urged 
that Texas, as a State of the Confederacy, could establish her rights 
to land promised previously by the General Government, and also 
negotiate treaties with the hostile Indian tribes. On the Indian 
territory encroachments had been made. And subsequently to these 
wrongs against the Indians, the Mexican soldiers stationed at Nacog- 
doches, Velasco, and Anahuse had come to an open rupture with the 
colonists in the summer of 1832, caused by the difference between 
Bustamente and Santa Anna. Bustamente undertook to subvert 
the Constitution of 1824, in which he was supported by the military 
stationed throughout Texas. Santa Anna announced himself as the 
friend and supporter of the Constitution. In the civil revolution 
which began in Mexico and spread into Texas, the colonists sided 
with Santa Anna, and expelled the military despotism to whose 
usurpations, without murmuring, up to that time they had submit- 
ted. The colonists did not doubt that their Constitution would be 
received with favor, and ratified by the Federal authorities. Ste- 
phen F. Austin, Wm. H. Wharton, president of the convention, 
and James B. Miller were appointed commissioners to bear the Con- 
stitution and memorial to the Federal authorities of Mexico. 

Stephen F. Austin went alone to the City of Mexico. Very little 
encouragement was given to his mission, although he was received 
with some formality. The only reason which could have been urged 
against ratifying the Constitution was that Santa Anna also had 
resolved on establishing a military despotism. 

Great pains had been taken to construct a Constitution acceptable 
to the Federal Government. Under the Constitution of 1824, in 
organizing States the provinces of Texas and Cohahuila were formed 
into one State, reserving the right to Texas to constitute herself a 
separate State whenever her population was sufficient to justify the 
measure. The policy pursued toward Texas, both by Cohahuila and 
the Federal Government, made it necessary for her to become a dis- 
tinct State as soon as possible. Her territory had been given away 
in large tracts, under the pretext of raising funds to aid Mexico in 
defending her frontiers from the Indians. Not a dollar had ever 
been appropriated to that object. Whenever troops were stationed 
in Texas they were sent to towns near the seaboard, where there was 
slight danger of hostile attacks from the savages. But another point 
could be gained: the support of the Government, otherwise not likely 
to be given, might be extorted in the face of a military force overawing 



Houston and Stephen F. Austin. 51 

the citizens of the place. Fifteen or twenty tribes of hostile Indians 
made incursions at will, and the colonists were compelled either to 
go without protection or protect themselves with any means in their 
power. 

In the new Constitution it was proposed by Branch T. Archer, a 
distinguished son of Virginia, that there should be a clause author- 
izing the State of Texas to create a bank, or banks. Mexico had no 
banks. The principal men of the convention supported Archer's 
proposition to place a clause in the Constitution authorizing 
banks. Houston opposed it. He was in principle opposed to any 
system of banks, except such a system as brought its power within 
very narrow limits. In the infancy of the State he could not hope 
for a sound banking system, as human cupidity and stringent times 
would be stronger than constitutional provisions. Policy also, in 
Houston's opinion, forbade the institution of banks. Their creation, 
or the power to create them, would be an innovation upon the legis- 
lation of the General Government. If Texas wished or hoped for 
success as a distinct State she must defer to the prejudices and in- 
stitutions of Mexico. Jealousies and suspicions should be avoided. 
Mexico would find in the bank clause of the Constitution a valid 
reason for the rejection of the Constitution. Thus reasoned Hous- 
ton with great eloquence and ability. He succeeded not only in 
causing the article in dispute to be stricken out, but another clause 
inserted, forbidding the establishment of all banks and banking cor- 
porations for a period of ninety-nine years, which clause was adopted 
by a large majority in the convention. Gen. Houston's policy, in 
these early struggles of Texas to obtain the full prerogatives of an 
American Commonwealth, was profoundly wise. He was cool, calm, 
and deliberative in every emergency; even in the strangest events of 
his life, an imperturbable discretion did not desert him. Upon all 
the questions of State or National policy Houston's sagacity saw the 
end from the beginning, and placed him on the side which ultimately 
won success. The influence which chiefly moulded the action of the 
convention, and toned the political feelings and events which suc- 
ceeded, was the result of the wise counsels and shrewd speeches of 
Gen. Houston. It is supposed by some of the ablest patriots of 
Texas that had Houston's wise counsels always governed the Repub- 
lic or the State, the independence of Texas would have been secured 
with slight loss of life or treasure. If all Houston's associates had 
been as truly noble in purpose and spirit as Stephen F. Austin, 
whose share in the great work of freeing Texas from tyranny and es- 
tablishing it as a State was hardly inferior to Houston's, much sacri- 
fice and suffering would have been spared to the people. Austin, 
failing to secure the ratification of the Constitution, determined to 



52 Life of Sam Houston. 

return to Texas, But while on his way home he was pursued by order 
of the Government, carried back to the City of Mexico, and there 
thrown into a dungeon, where he passed many months of gloom and 
suffering. A purer patriot never trod Texan soil. Amiable, en- 
lightened, excellent, he was respected and beloved by the colonists, 
and ever will his incorruptible virtues and unsullied fame be treas- 
ured by the people of Texas. The stories of his sufferings in his 
long imprisonment reached Texas, and a deep sensation was pro- 
duced everywhere. The only press in Texas, then located at Bra- 
zoria, gave utterance to the indignation of the colonists ; which was 
roused to the rage of a single man. The population of Texas did 
not at that time exceed 20,000 souls ; and yet indiscreetly they spoke 
of the wrongs which they endured, and the rights secured to them 
under the Constitution of 1824. These unrestrained ebullitions of 
feeling were likely to plunge Texas into a sanguinary struggle with 
Mexico before she was prepared for such a struggle. Houston, as 
eager as any man for the political redemption of Texas, discouraged 
these unwise developments of feeling. Without the form of a trial, 
with no definite accusation brought against him, Austin had been 
thrown into a prison. Santa Anna had great confidence in Austin. 
On all occasions Austin had been loyal to recognized principles, and 
was the friend of order under all circumstances in Texas. Carrying 
out the design of his father, Moses Austin, who died in the incipiency 
of the colony, he had migrated with 300 families, colonists, and was 
the first to introduce the materials of the magnificent political struct- 
ure which presented subsequently such form and beauty. Liberated 
at length by Santa Anna, and permitted to return home, he found 
public indignation aroused and expressed freely in municipal meet- 
ings. But when few, if any, orderly meetings were meditating ex- 
treme measures, and public feeling against him was subsiding, Santa 
Anna proved manifestly that he could be satisfied with nothing short 
of absolute power. 



CHAPTER VI I. 

Texas Triumphing — Struggles under Austin and Houston — Consultations — Colli- 
sions IN Council — Houston appointed Commander-in-Chief— Commission Revoked — 
Grant's Effort to Capture Matamoras — Troubles Connected with Governor 
Henry Smith's Administration — Siege and Capture of San Antonio by General 
Edward Burleson— Declaration of Independence — Houston again appointed 
Commander-in-Chief. 

TAXATION had become oppressive. Commerce was placed under 
the most oppressive restrictions. The administration of the cus- 
toms was committed to the worst men. All attempts to secure jus- 
tice had been baffled. The people had improved their lands. Their 
titles were guaranteed by the Mexican Government, and still large 
sums of money had been extorted from them in obtaining titles. 
The disapprobation of the Mexican Government evidently had 
settled upon the colonists, and yet they were ruled by Mexican laws, 
and were governed by beings who blindly carried out Mexican edicts. 
Alarmed, the colonists undertook precautionary measures. But when 
an edict of Santa Anna commanded the people to surrender their pri- 
vate arms — thus exposing their wives and children to the rage of 
savage Indians, as well as to the horrors of starvation, for many 
families depended on wild game for their daily food — the final stroke 
of tyranny which rends the will of the subject from the will of the 
despot, had been delivered ; and no other thought occupied Texan 
minds but freedom from Mexican despotism and misrule. On the 
eastern bank of the Guadaloupe, about seventy miles from San An- 
tonio de Bexar, is situated Gonzales, which was originally the capital 
of De Witt's colony. Almost weekly incursions of the Indians had 
made it necessary for the defence of the place, that it should have a 
piece of artillery. Santa Anna commanded Ugartchea, a Colonel 
commanding several dragoons in the Mexican army, to march from 
San Antonio de Bexar to Gonzales, to carry off this four-pounder. 
Inconsiderable skirmishing took place, as the people flocked to the 
place to hold possession of the little field-piece. A great point was, 
however, gained : the Mexican army had fired the first shot. Swords 
drawn from their scabbards that day were no more to be sheathed, 
until every link of Mexican fetters, then encircling the youthful form 
of Texan liberty, should be burst asunder, and Texas stand free and 
unfettered by despotism among the nations of the earth. 

(53) 



54 Life of Sam Houston. 

Stephen F. Austin repaired to Gonzales and was chosen command- 
er of the forces. The little army, animated by his leadership, res- 
cued their four-pounder, and. resolved to pursue the foe to San An- 
tonio, and drive from the soil the miserable tools of the tyrant, Santa 
Anna. Texas rose everywhere, like one man. As far as the eastern 
boundary, where the people — believing that rumors were exaggerated 
— were disposed to be tranquil the tocsin of war was sounded and 
the torch of war was lighted. 

A partial organization of militia was effected and committees of 
vigilance and safety constituted in the municipalities of Nacogdoches 
and San Augustine. At the same time, Sam Houston was chosen Gen- 
eral of Texas, east of the Trinity River. The people of Brazoria, 
well satisfied that there was little to hope for from Santa Anna, the 
despot of Mexico, invited the other municipalities to co-operate with 
them in electing delegates to meet for a general consultation, for the 
purpose of providing means of safety in case of imminent danger. 
General Austin with the forces under his command advanced to 
San Antonio de Bexar and invested the place. Eight hundred 
armed men from all parts of the province flocked to his stand- 
ard. These occurrences took place in October, 1835 ; early in 
which month, fifty-six delegates met in consultation at Washing- 
ton. After a brief conference on their first meeting, they changed 
their place of deliberation to San Felipe de Austin ; at which 
place they were invited by General Austin to meet him at San An- 
tonio, assuring them, that on their compliance, he would reduce the 
place in three days. Citizens, residing near Victoria and Matagorda, 
after his advance upon San Antonio under the command of Captain 
Collinsworth, formed a company, advanced on Goliad, reduced and 
obtained possession of the town. On the first meeting of the delegates 
in consultation, General Austin sent a message to General Houston to 
send forward his division of troops. General Houston, immediately 
on receipt of the message, took the only five dollars he possessed, 
gave it to a good rider with dispatches to his division, which, as soon 
as received, caused the East Texans to march to the scene of war. 
Houston, with the major party of the consultation, immediately after 
receiving General Austin's invitation, proceeded, without delay, to 
General Austin's camp, at the Salada, within three miles of San 
Antonio. 

Gen. Austin, soon after the union of the two divisions, proposed to 
surrender his command to Gen, Houston. All personal considerations 
weighed nothing in the mind of Austin, when balanced with love of 
country. Houston declined the offer. He had good reasons for de- 
clining. Diffidence, not want of bravery nor patriotism, had influ- 
enced Austin. But the troops then in the field had marched to the 



Gen. Houston in Indian Costume. 55 

camp in obedience to his requisition ; they had elected him their 
commander. General Houston rightly thought that a change of 
commanders at that time would afford a pretext to the seditious and 
disaffected to abandon the service, and thus defeat the objects of the 
campaign ; but he cordially offered to aid General Austin in any way 
in his power, in organizing and drilling the command. 

A council of war was held ; the principal officers and members of 
the consultation were present. Should a Provisional Government be 
formed ? If so, ought not the delegates to the consultation to be re- 
assembled at San Felipe de Austin ? How were these questions 
which were started to be answered ? To answer them the council of 
war determined to refer them to the army. Accordingly, on the day 
after the council of war, the troops were drawn up and their vote 
taken. The army unanimously decided that the consultation should 
reassemble and form a Provisional Government, to adopt measures to 
give to Texas credit beyond her limits, and to provide means to 
maintain the army then in the field. 

The army was conducted by General Austin to the Mission of 
Espada, some ten or twelve miles distant, and the members of the con- 
sultation reassembled at San Felipe, reorganized and renewed their 
deliberations. A provisional declaration, establishing an organic law 
for the Provisional Government of the Province of Texas, organizing 
a temporary administration, and exhorting all Mexicans to unite in 
maintaining the Constitution of 1824, and to pledge their lives, prop- 
erty, and sacred honor in support of its principles, was enacted. 

General Houston served on the committee to frame the provisional 
declaration. Some of the committee advocated a declaration of ab- 
solute independence, and succeeded at first in adopting a resolution 
to this effect. Houston regarded a declaration of absolute independ- 
ence at that time as ill-judged and ill-timed, and prevailed on one of 
the majority to move a reconsideration of the vote. The reconsider- 
ation was carried. A considerable majority, influenced by one of the 
ablest efforts of Houston's life, voted in favor of a provisional decla- 
ration. 

The deliberations which issued in forming the first government of 
Anglo-Saxon pattern on the soil of Texas, were held in a small 
framed house of one room, without ceiling or plaster. The costume 
of the members of that political conference was rude and unsightly, 
yet they were dressed as well as their means and misfortunes allowed. 
Houston had worn the costume of the Indian race, among whom he 
took up his abode, ever since he had entered upon his exile. In dress, 
he was then an Indian. His friend, Andrew Jackson, commenting 
upon his strange freak of dress, said he " thanked God that there 
was one man in Texas who was made by the Almighty and not by 



56 Jjife of Sam Houston. 

the tailor." Appearances are not always decisive. Dress indicates 
either strength or weakness of human character. So reasoned Sam 
Houston at that time, while he, adopted as a son by the chief of an 
Indian tribe, continued to cherish a free and courageous spirit under 
cover of an Indian blanket. In the elections by this primitive con- 
vention, he refused to accept any civil office. A Governor and Lieu- 
tenant-Governor were appointed. One member chosen by each mu- 
nicipality, made up the council, which was to continue in session till 
superseded by officers elected by the people. Other officers requisite 
for the administration of such a government were chosen. Henry 
Smith was chosen Provisional Governor, and J. W. Robinson Lieu- 
tenant-Governor ; but the event which certainly decided the destiny 
of Texas was the election of Sam Houston, by a vote among fifty 
members lacking only one of unanimity, to be Commander-in-Chief 
OF THE Armies of Texas. He was born to command. He possessed 
the great qualities with which gifted leaders are usually invested. 
The appointment was accepted ; for, having promised to do whatever 
was possible for him to do, he had no alternative. He immediately 
proceeded to appoint his staff. All the necessary measures were 
taken for raising and organizing a regular army, as well as originat- 
ing a competent militia system. 

Texas was without money, and there were few men then living 
who properly considered the importance of the early movements for 
its redemption from Mexican misrule, or forecasted the wonderful 
changes fifty years would witness. Stephen F. Austin, W. H. Whar- 
ton, and B. F. Archer were appointed commissioners to visit the 
United States to procure a loan wherewith to sustain the colonists 
under the strong pressure of their bold undertaking. Houston, look- 
ing upon Texas as dependent upon her own resources, based on her 
intrinsic values and the individual generosity of her citizens and their 
sympathizers, issued a proclamation inviting five thousand volunteers 
to join in maintaining the cause of Texas. In the interval between 
the departure of Gen. Austin to the United States as a commissioner 
and the assumption of command by General Houston, the army was 
under the command of General Edward Burleson, an early settler of 
Texas, a worthy man and an estimable civilian. Some military events 
transpired, irregular in their character, yet indicative of great personal 
heroism on the part of the volunteers. Before Austin left the army, 
Cols. Fannin and Bowie sustained with about one hundred Americans 
a gallant action with five hundred Mexicans at the Mission Concep- 
tion. Leaving some dead on the field and carrying away with them 
many wounded, the Mexicans retreated and the Americans in tri- 
umph marched to the vicinity of San Antonio and posted themselves 
above the place. About two hundred Americans acceded to the 



Dr. Grants Misre'preKentation. 57 

proposition of Colonel Benjamin R. Milam, then without command 
in the army, to enter and storm the place. Milam was a gallant and 
chivalric soldier, inspiring confidence in those under his lead. With 
his brave followers he entered the town at night, obtained possession 
of certain buildings, and forced his way from house to house through 
the walls by means of crowbars. Milam, after performing many acts of 
great bravery for several days, fell in the heart of the place, pierced by 
a rifle-ball. The troops, shortly after their leader's fall, obtained entire 
possession of the town, and compelled the enemy's fortress (the Alamo) 
to capitulate. Not often has such a scene been witnessed or was pre- 
sented the morning after the capitulation. A little band of less than 
two hundred Texans was drawn up in martial array, and not less than 
eleven hundred Mexican soldiers passed before them and laid down 
their arms. On their parole of honor, they were released; and, led by 
Gen. Cos, marched to Mexico, Cos violated his faith, and the next year 
appeared in arms at San Jacinto. The main body of forces, consist- 
ing chiefly of colonists, was now discharged, and marched home to 
the pursuits of ordinary life. The gallant company mainly instru- 
mental in reducing the Alamo, was alone detained. It should here 
be noted that during the siege of San Antonio, volunteers from the 
United States arrived ; a company called the New Orleans Grays, 
under Captain Morris, and another company from Mobile, under 
Captain Breeze; who bore a gallant part in the memorable siege and 
reduction of San Antonio in 1835. 

Events now transpired which did not harmonize with Gen. Hous- 
ton's views. A plan was conceived of capturing Matamoras ; but 
it was more out of hatred to Mexicans than in earnest sympathy 
with the best interests of Texas. A Scotchman, Dr. Grant, who had 
been engaged with an English mining company at Parras, fell under 
the displeasure of the Mexican Government, and was compelled to fly. 
He possessed more than ordinary capacity, but not the usual shrewd- 
ness of the Scotch people. After General Burleson had retired with 
most of the army, he claimed, as one of the aids of General Austin, 
the command of the remaining troops. Under this assumed authori- 
ty he induced the New Orleans Grays and Captain Breeze's compa- 
ny from Mobile, to take up their march for Matamoras, by way of 
Goliad. There were men in the General Council, utterly destitute of 
moral principle, then occupied in machinations which terminated 
most disastrously for Texas. With these malcontents. Dr. Grant 
opened a correspondence, and induced the Military Committee of the 
General Council to coincide with him in his plan for an attack upon 
Matamoras. They desired to supersede General Houston; and know- 
ing that he was opposed to Grant's plan, they thought that Mata- 
moras should be captured to destroy Houston's influence. General 



58 Life of Sam Houston. 

Houston had appointed J. W. Fannin, Jr., Inspector-General on his 
staff ; and he had commanded at the battle of the Mission of Concep- 
tion. When this soldier came to the Council of San Felipe, Houston 
caused him to be appointed Colonel of the regiment of artillery, a 
position next in rank to himself. The Council seems to have had 
strange ideas of military affairs. While they were holding their ses- 
sions at San Felipe de Austin, they established the headquarters of 
the army, with General Houston as its chief, fifty miles distant from 
their own position. Obedient to orders, Houston repaired to Wash- 
ington, the headquarters, and engaged earnestly in his arduous duties. 
Recruiting stations were established ; and officers assigned to them 
were ordered to make such reports as would at any time put him in pos- 
session of the number and condition of the regular force. The prin- 
cipal recruiting rendezvous was at Brazoria, to which place Colonel 
Fannin was ordered. General Houston's dispatches to Fannin were 
disregarded and his authority set at naught; and letters were written 
and circulated generally, aimed to arouse the suspicion that, under 
the sanction of the General Council, by raising five thousand volun- 
teers he aimed to establish a military government. Gov. Smith de- 
tected the secret intrigues of the Council with Grant, Fannin and oth- 
ers, while General Houston was at the headquarters of the army at 
Washington; and, about the ist of January, 1836, he ordered General 
Houston to repair to San Felipe de Austin. General Houston had 
with his usual sagacity, issued orders for all troops arriving in the 
country to report to Governor Smith as nominal commander-in-chief 
and to himself on their arrival as commander of the army. Volun- 
teers from Alabama and Col. Ward's command from Georgia arrived 
about this time at the mouth of the Brazos. Being in the neighbor- 
hood of the United States volunteers when they landed, Col. Fannin, 
paying no attention to General Houston's orders, abandoned his po- 
s'tionas an officer in the regular amy, and became a candidate for the 
colonelcy of the regiment proposed to be formed by the union of the 
Alabama and Georgia troops. By the influence of the Council he 
was elected Colonel, and Col. Ward, Lieutenant-Colonel. The regi- 
ment then sailed, according to orders, from Velasco to Copano ; 
marched thence to Refugio Mission, a place twenty miles distant 
from the first landing ; where the command of Grant was to unite 
with them on the way to Matamoras. 

A crisis had now arrived in the affairs of Texas, and disaster befell 
all involved in precipitating this crisis upon Texas. The ill-starred 
plan to seize on Matamoras, the fall of the Alamo, and the massacre 
at Goliad, all contributed in a way, not designed by the martyrs nor 
approved by the hero of San Jacinto, to the consummation of Texan 
independence. Truth in history requires that events shall be stated 



Gov. Smith and the Council. 59 

as they transpired. In directing the campaign on Matamoras, the 
only object of the Council was to control the revenues of the place. 
Matamoras possessed by an enemy, cut off from all intercourse 
with the interior, and communication with the sea prevented, could 
afford no revenue to the captors. If seven hundred men could reach 
Matamoras without opposition, they could not keep it a single week. 
With no means of transportation, with not three days of bread- 
stuffs, with men unprovided in every respect for a campaign, with 
an area of several hundred miles to cross, it was not likely that they 
could ever reach the walls of Matamoras. Discovering the absurd- 
ity of such a plan, Houston remonstrated with the officers in a 
friendly way, pointing out the futility of the project, the great diffi- 
culties to be encountered, and the disasters inevitably attendant upon 
a failure. Governor Smith highly disapproved of the plans of the 
Council, and on that account incurred their hottest displeasure. 
Gen. Houston obeyed the Governor's orders, and reported to him at 
San Felipe. Receiving orders to repair to Refugio, where a junction 
of the troops of Grant and Fannin was to be effected, after he had 
returned to Washington, and arranged pressing matters at head- 
quarters, he proceeded to Goliad, about the middle of January, 1836, 
and made known to the troops his orders, and enjoined obedience on 
his authority. Grant and his troops were on the eve of marching to 
Refugio. They refused obedience to the orders of the Governor 
submitted to them by Gen. Houston, Commander of the Regular 
Army. He, unable to account for their extraordinary conduct, ig- 
norant of the counsels and plans of the Council, knowing that the 
troops at San Antonio de Bexar would be unable to maintain the 
place against the advancing army of Santa Anna, sent Colonels 
Bowie and Bonham with an escort, to San Antonio de Bexar, on the 
15th of January, with orders to Col. W. B. Travis to blow up the Alamo 
and fall back to Gonzales, on the Guadaloupe River, at which place he 
intended to establish his line of defence. Notwithstanding the 
refusal of Grant and Morris to obey orders, Gen. Houston marched 
twenty-five miles with them to Refugio, leaving a few regulars at 
Goliad to maintain the post, with nothing but the cattle of the coun- 
try for subsistence. When the troops reached Refugio, they received 
no intelligence of the landing of Fannin at Copano, whence he 
was to march to Refugio. Unable to influence the leaders by regu- 
lar authority, or by friendly remonstrance, and unwilling to excite 
sedition among troops, reluctant to bow to the command of any 
other general, accompanied by a few of his staff. Gen. Houston set 
out at night, from Refugio, to return to San Felipe de Austin. On 
the road he received startling intelligence. Under the organic law, 
a certain number constituted a quorum in the Council to transact 



60 Life of Sam Houston. 

business. When that number was not present it was not a lawful 
body. The measures and counsels of the stormy spirits induced the 
more patriotic and conservative members to withdraw, thus leaving 
the Council a number incompetent, legally, to transact business. 
The remaining members, acting independently, proceeded to extreme 
measures. First: Not finding Governor Henry Smith a suitable 
agent for their designs, they deposed him. Second : Equally disap- 
proving the views and plans of Gen. Sam Houston, they superseded 
him, and chose another as commander of the army. Besides these 
facts, published letters of Col. Fannin, indicating his reliance on the 
Council, and disregard of the authority of Gov. Smith and Gen, 
Houston, met his eye. The true situation of the country was dis- 
closed to him. After having embarked in the enterprise of freeing a 
struggling province from Mexican tyranny, having exchanged tran- 
quillity among friendly Indians in their forest homes for war and 
danger, having greeted with joy the first dawning of Anglo-Saxon 
liberty in the fair province of New Estramadura, that he should still 
be followed by persecution, and hunted down by ambitious rivals, 
could not fail, for a moment, to becloud his hopes and cause his great 
heart to be cast down with sadness. Troubled by the most painful 
suspense, he journeyed on to San Felipe. Two trains of reflection 
passed through his mind, as he rode most of the day in silence, un- 
disturbed in his reveries by the conversation of his companions. One 
moment his mind wandered away to the deep solitudes of nature ; 
to a life of communion with the Great Spirit and His sublime crea- 
tions, as in the days of his boyhood and exile, where the world's 
treachery and persecution would not reach him. At another moment 
he had boldly marked out a new track for himself, and saw himself 
trampling dov/n all opposition, and leading a new people to liberty 
and independence. Toward evening he reached San Felipe. His 
sagacious mind had discovered that unless something was speedily 
done to repair present foreshadowed evils, all would be lost for 
which a struggling people had been contending in Texas. His pur- 
pose was fixed and nothing could change it. He addressed the 
people of San Felipe at the close of that remarkable day in his 
history. He made his official report to the Governor, and then in 
pursuance of instructions received from the consultation, proceeded 
with Major Hockley to the Cherokee nation, to form treaties with 
them and other tribes. He met the Indians in the Council and ac- 
complished his mission. 

In the short course of two months, events stranger than fiction had 
occurred, and in two months more events among the most striking 
in the history of the Anglo-Saxon race were to occur. Between the 
first of January, 1836, and the first of May, 1836, Texan struggles 



The Texan Declaration of Independence. 61 

culminated, Texan martyrs won immortality, Texan liberty was won, 
and Texan independence was secured. 

The Convention which made the declaration, met March i, 1836. 
Gen. Houston having been returned as a delegate to this Convention, 
arrived at Washington on the last day of February. The Conven- 
tion assembled, composed of true men ; men tried by every standard 
of character : great,, heroic, and patriotic ; men not inferior in many 
elements of character to any others of any similar assembly. The 
day after the organization, the second of March, 1836, the Declaration 
of Independence was adopted unanimously and signed. Public feeling 
was mature. Events had precipitated the adoption of this measure; 
but the people of Texas hailed it with joy and acclamation. The 
people of the United States, who were conversant with the issues 
made in the struggle and with the great magnitude of the results to 
follow, received the news with equal joy; and nowhere was the intel- 
ligence more welcome than at "the White House," where Andrew 
Jackson was filling the Presidential chair for the last year of his 
term. The spirit of the hero of New Orleans, and the spirit of the 
coming hero of San Jacinto, were in full sympathy. 



CHAPTER VIII. 

The Alamo — Goliad— The Fall of One— The Massacre at the Other— Movements 
OF Gen. Houston before and after these Memorable Events — Movements 
Preparatory to the Battle of San Jacinto. 

THE declaration of Texan independence was denounced as an 
act of high-handed robbery, perpetrated by a band of bold 
outlaws, by a thousand newspapers in the United States ; and a 
feeling of hostility was excited against the infant republic, with- 
out a parallel in the history of the world. But a wise Providence 
willed the declaration, and that it should be triumphantly sustained. 
The Convention which passed it, terminated the existence of the 
Provisional Government, with its offices of Governor, Lieutenant- 
Governor, Council, and Major-General. This last office, although 
he had been superseded by a hostile council. Gen. Houston held. 
But the emergency required that there should be a commander-in- 
chief. The Convention went into an election, and out of fifty-six 
votes, Houston, who was not present, received all but one vote. 
Gloom hung over the public mind. Texas had no organized forces. 
The few Georgians and Alabamians were detached beyond the 
Southern settlements, commanded by an officer who had contemptu- 
ously disobeyed the orders of the commander-in-chief. It was 
feared that Gen. Houston would decline the office tendered be- 
cause of the treatment which he had received from the Council. 
The conviction was almost universal that, unless he would accept 
the command of the army, the cause of Texan Independence was 
lost. Apprehension and alarm agitated every mind. Stirred by 
the heroic spirit which ever animated him, sympathizing with the 
general feeling. Gen. Houston resolved to hazard everything and 
peril life itself upon the issue, and accepted the command. Letters 
had been received, a few days before the Declaration of Independ- 
ence had been adopted, from Col. W. B. Travis, who was in com- 
mand of the Alamo at San Antonio de Bexar, informing the people 
of Texas — for general anarchy at that time reigned — that he was 
invested by a numerous force, and calling earnestly for aid. This 
result had been, as it will be remembered, anticipated by Gen. 
Houston. The commanding officer had been ordered to abandon 
and blow up the Alamo. The orders were disobeyed by the officer, 
(G2) 



Houston and the Fall of the Alamo. 63 

and treated with contempt by the General Council; who, promising 
to reinforce him, commanded the officer to defend the place to the 
last. The entire reinforcement sent to Travis' aid was only thirty 
men, making his whole effective force not more than one hundred 
and eighty-five men, without a month's provisions, seventy miles 
distant from all Texan settlements, and the whole intervening 
territory swept by Mexican cavalry. Some excuse may be offered 
for this disobedience and contempt of orders, from the fact that 
less than one year before, the Alamo had surrendered and San An- 
tonio had been reduced, by the efforts of a Texan force under 
Milam, with less than two hundred men opposed to nearly twelve 
hundred men under Gen. Cos, But it was Santa Anna, now with 
seven times as many troops as Cos had, and no greater number of 
troops commanded by Travis, than Milam commanded. The result 
was foreseen by Gen. Houston ; but the martyrdom that ensued was 
no less conspicuous, and the costly sacrifice v/hich immortalized 
the victims, Travis, Crockett, Bowie, and their heroic comrades, 
was no less needed as a necessary factor in the final and grand 
consummation of Texan liberty and independence. 

The last express that ever left the Alamo brought a letter to 
Washington on Sunday, March 6th, to the President of the Con- 
vention. No sooner was its intelligence made known, than terror 
pervaded the community. There was a general rush to the hall of 
the Convention. Without summons or signal, the members took 
their seats, and the President his chair. The President arose. He 
announced the reception of a document, "of the most important 
character ever received by any assembly of men." He then read a 
letter from Col. W. B. Travis most thrilling in its character. 
Breathing the language of despair, it was written in the fervor of 
lofty patriotism and devoted courage. The excitement ensuing 
was so great that even calm men could hardly command them- 
selves, or say what the emergency required. Robert Potter, re- 
markable as a Member of Congress of the United States, and as a 
Cabinet officer of the Texan Republic for sad vices and a terrible 
end, moved that "the Convention do immediately adjourn, arm, 
and march to the relief of the Alamo." A proposition for fifty-six 
men, to march to the aid of one hundred and eighty-five men, 
against an investing force of over eight thousand ! As he rose 
from his seat, all eyes were turned upon Gen. Houston. There 
was a death-like stillness. Feeling that the fate of Texas hung on 
the next movement of the Convention, he had resolved upon his 
own course, and what ought to be done by the Convention. He 
opposed the motion of Robert Potter as madness, and worse than 
treason to the people. He held that a declaration of independence, 



64 JLife of Sam Houston. 

without an organization to sustain it, was null and void. A Gov- 
ernment with organic forms must be inaugurated at once. Without 
it, they could not command the respect or sympathy of mankind, 
and would be regarded in no other light than outlaws. He spoke 
for an hour with great eloquence and effect, begged the Conven- 
tion to sit quietly and pursue their deliberations, and assured the 
members that he would instantly start for Gonzales, where he un- 
derstood that a small corps of militia had rallied. He promised 
that, while they continued to sit in Convention, the Mexicans 
should never approach them, and if human aid could save the 
brave men then in the Alamo, that aid should be extended to them. 
Walking out of the Convention, in less than an hour he mounted 
his battle horse, and was on his way to the Alamo, accompanied 
by three or four companions. His action must have been regard- 
ed as desperate, else many others would have followed him. Col. 
Travis had stated in his letter that, so long as the Alamo could 
hold out against the invaders, signal guns would be fired at sun- 
rise. For many days these signal guns were heard at a distance 
of over a hundred miles across the prairie. Late at night of the 
first day Houston reached a point where the expected signal could 
be heard, if made at all. At sunrise the coming day, putting his 
ear to the ground, he listened with an acuteness of sense not under- 
stood except by dwellers of the forest or by one " awaiting a signal 
of life or death from brave men." Not a murmur, even the faintest, 
came across the morning air. In vain he listened. The Alamo had 
fallen. And he learned afterward, that the Alamo had fired its last 
gun on the morning on which he left Washington, and indeed that 
the heroes of the Alamo were meeting their fate at the very hour 
he was speaking in the Convention. Assured of this terrible fact, 
he sought his companions, who were preparing to continue their 
march, and wrote a letter to the Convention urging members to 
adopt a resolution declaring Texas as a part of Louisiana under the 
treaty of 1803. The suggestion was not adopted. Had it been 
adopted, Mexico would at once have discontinued the conflict, as 
Texas would be a portion of an integral part of the United States. 
The question of recognition or annexation would not have been 
raised. The sympathies of nations, of peoples, and of legislatures 
would have been with Texas. Why Mexico made war upon Texas 
after her recognition as an independent republic by the Great 
Powers of the world, and why war was also waged with the United 
States after the annexation of Texas, may be known readily when the 
persistent, long-continued, and desperate hostility of thousands of 
persons of influence, and of a thousand newspapers, to the annex- 
ation of Texas are calmly considered. These journals and their 



Houston True to Ms Principles. 65 

supporters sympathized with Santa Anna, Bravo, Bustamente, 
Almonte, Herrera, and Paredes. The enemies of Texas in Mexico 
believed that they had the cordial sympathy of the enemies of Texas 
in the United States, and they hoped for success, because they 
believed their sympathizers in the United States all - powerful. 
Trustworthy and confidential agents with money to expend, were 
stationed in Boston, Philadelphia, and New York. Here these 
agents of bold and impudent tyrants fought battles and won vic- 
tories for Mexican despotism. It was strange and sad to behold 
the descendants of the heroes of 1776 frowning scornfully upon the 
youthful form of Texan liberty. The braggart threats of Paredas 
were made without apprehension of any danger in being summoned 
to battle. What a change came over these Anglo-Saxon opponents 
of Texan liberty! Twelve years after the battle of San Jacinto, 
they appropriate ten millions of dollars and fifty thousand volun- 
teers with enthusiasm to enforce the decree of annexation. With 
shouts of political fervor, they make the hero of Palo Alto, Resaca 
de la Palma, Monterey, and Buena Vista President of the United 
States. History reveals itself strangely. 

Notwithstanding all opposition, Gen. Houston was ever true to 
his purposes and principles. Assured that the Alamo had fallen 
and its brave defenders had met their fate, he moved on to Gon- 
zales, although not a man joined him on his way. When he set out 
from the Convention at Washington, he dispatched an express to 
Col. Fannin intending to secure from that officer a junction of his 
forces with his own on the Cibolo, a small river between Gonzales 
and San Antonio, and with forces united march to the relief of the 
Alamo. Reaching Gonzales on March 10, 1836, he found three 
hundred and seventy-four men, without suitable apparel, unarmed, 
without organization or supplies. They were immediately assem- 
bled, organized, and they elected their own officers. The scouts, who 
arrived about the time of Gen. Houston's arrival from the vicinity 
of San Antonio, were under the impression that the Alamo had 
fallen. This was confirmed by two Mexicans who came in from 
San Antonio, and whose families had resided among the American 
colonists. The statement was written down, as Gen. Houston be- 
lieved it to be correct. The terrible fact was evident that, on the 
morning of the 6th of March, the Alamo had been assailed, and all 
human beings in it put to death, except a woman, her child, and a 
negro; and that the bodies had been dragged out, heaped with 
wood, into one pile, a vast hecatomb, and burned to ashes. 

The fall of the Alamo, and the cool-blooded barbarity exhibited 
by Santa Anna and his minions, stirred a spirit wherever known, 
destined to culminate in the overthrow of Mexican despotism, on 
5 



66 Life of Sam Houston. 

the not far distant day of San Jacinto. On the nth of March, 
Gen. Houston sent another express to Fannin, informing him that 
the Alamo had fallen, " ordering him to evacuate Goliad, blow up 
the fortress, and fall back without delay upon Victoria and the 
Guadaloupe." It was Houston's opinion that the only means of 
saving Texas was the union of all the forces at that time in the 
field. Fannin's force had a fine supply of arms brought from the 
United States. This force, numbering over five hundred men, joined 
to Gen. Houston, would make the army at least nine hundred 
effective men. 

Fannin did not attempt a retreat until he had been surrounded 
by the Mexicans several days. He held a council of war, and sent 
an express to the commander-in-chief, informing him that he had 
named the place Fort Defiance, had determined to defend it, and 
was willing to meet the consequences of disobeying orders. Fan- 
nin's fatal mistake, as the result proved, evinced the prophetic 
sagacity of Houston. About the 23d of March, in the midst of 
gloom and suspense, the terrible news reached the little army that 
Col. Fannin's regiment had all been massacred. Peter Kerr, a 
Mexican, brought the intelligence. A fearful panic took possession 
of the little army, which the fall of the Alamo had nearly dispersed. 
The consternation was redoubled when the terrible news came that 
five hundred courageous companions in a noble cause, men fully 
armed and equipped for the struggle, had all been massacred. The 
slaughtering army seemed to have swept away the last barrier in 
their way. The courage of Houston's men was sadly unnerved. 
The commander of a forlorn hope had a difficult task to perform 
immediately. This he did with marvellous sagacity. Calling for 
the sergeant of the guard, he declared that Kerr was an incendiary, 
sent as a spy into his camp to produce distraction, and, denouncing 
him, declared, in an apparently furious storm of anger, that he 
should be shot at 9 o'clock the next morning. Kerr was at once 
arrested and put under a strong guard. Addressing the soldiery, 
Houston gave numerous reasons to prove that the supposed spy's 
news could not be true. The excitement, which had reached a fear- 
ful height, was appeased by his apparent disbelief. Not until the 
soldiers in camp had retired to rest, wou4d Houston see Kerr. He 
then repaired to the guard fire and heard the recital of that awful 
story, which proved that his worst forebodings were now veritable 
history. Orders were given to have the prisoner treated kindly, 
and he forgot the next morning to have him executed. With the 
dreams of the soldiers the excitement passed away. But as Hous- 
ton would have subjected himself to the charge of collusion with 
the enemy, in turning loose a supposed spy sent by the people most 



Houston's Vigilance hefore Battle. — -^ 67 

odious to the army, he did not immediately release Kerr. How- 
ever, on the eve of that day he struck his camp and marched toward 
the Brazos River. The next night the army reached San Felipe, 
marching about twenty-eight miles in less than twenty-four hours. 
The following brief extract from a dispatch develops the perplex- 
ities which crowded on the mind of the commander of the little 
army : 

"Camp West of Brazos, March 31, 1836. 
" My intention was to have attacked the enemy on the second night after the 

day Fannin's destruction was reported by Kerr Send me daily expresses, 

and let me know what to rely on. I must let the camp know something, and I 
want everything promised to be realized by them, and I can keep them together. 
I have thus far succeeded beyond my hopes. I will do the best I can ; but be 
assured that the fame of Andrew Jackson could never compensate me for my 
anxiety and mental pain. Two nights since, when it was reported that the 
enemy was on this side of the Colorado, the citizens of San Felipe reduced it to 
ashes. There was no order from me for it." 

On the 29th of March the army encamped at Mill Creek, and 
reached their destination, opposite Groces, the following day. The 
steamboat Yellow Stone, lying at the landing, was immediately 
pressed into service, and a company of troops placed aboard to pre- 
vent the engineers from running the boat off. Until April nth, the 
army remained in the same position. While the spring rains kept 
the river in a swollen condition, it camped on an island of the 
Brazos, secure from the enemy. To maintain communication with 
the enemy's country, a narrow bridge was constructed, over which 
Texan scouts could pass, to gather news and keep an eye on the 
plans and manoeuvres of the Mexicans. It was Gen, Houston's de- 
sign, before the waters had reached their greatest height, to march 
with all his force, as soon as the Mexicans should approach San 
Felipe, and supposing that their confidence in their numerical 
strength, discipline, and success would throw them entirely off 
their guard, and to surprise them at night, and thus make them an 
easy victory to Texan prowess. The freshet in the Brazos was, 
however, at its height when Gen. Houston heard of the arrival of 
the enemy at San Felipe ; as, therefore, there were three creeks to 
ford on his march, the plan so boldly conceived was abandoned. 
The bold daring and sleepless vigilance of the heroic man, on 
which hung the fate of the young Republic, were thus displayed, 
although no fortunate result followed his designs. The first cer- 
tainty of the approach was indicated by the noise of their cannon. 
The company left to guard San Felipe had retired to the east side 
of the river, where a partial fortification of timber was thrown up, 
discovering which, the enemy immediately opened their artillery on 



68 Life of Sam Houston. 

their breastworks. A company of eighty men, just arrived in camp 
from Eastern Texas, were detached with another body to give aid 
to Capt. Baker, while the commander-in-chief, through expresses, 
maintained communication with the troops at San Felipe and Fort 
Bend. The main body of the army at Groces, composing his entire 
force, did not amount to more than five hundred and twenty men. 
Five hundred men in addition had been expected from the red 
lands. They were already in the field, and had marched as far as 
the banks of the Trinity River. Rumors of Indian hostilities were 
raised by men more willing to ruin the country than fail in Hous- 
ton's destruction, and thus reinforcements were prevented from 
joining him. A fine company, composed of Southern chivalry, 
under command of Gen. J. A. Quitman, of Natchez, were prevented 
in this way from participating in the triumphs of San Jacinto. 
Two days after the victory they arrived in camp. As Houston re- 
treated and Santa Anna advanced, the country behind Houston 
was entirely depopulated, for the hero of San Jacinto never fell 
back until interposing the army between the enemy and the help- 
less, he secured the women and children from danger. The strength, 
position, and designs of the Mexicans had become apparent to him. 
In three divisions they were advancing on him, — Santa Anna, lead- 
ing the centre, was to advance from San Antonio to Gonzales, 
Beasons, and San Felipe, or Washington and Robbin's Ferry, to 
Nacogdoches ; Gen. Urrea was to march with the Second Division 
from Goliad, by way of Victoria, to Brazoria and Harrisburg ; the 
Third Division was to advance by Bastrop to Texoxtitlan, on the 
Brazos, and thence to the Comanche, crossing the Trinity on to 
Nacogdoches. This plan of campaign displayed Santa Anna's su- 
perior ability, revealing to Houston the military skill of his 
opponent. This entire scheme had to be thwarted within thirty 
days ; if not, Texas would be devastated, and the last hope of the 
Republic blotted out. How this was to be was discovered by no 
one but Houston. Suspense painfully possessed the little army. 
To their bold leader all eyes were anxiously turned. The salvation 
of Texas depended, under God, on the arm of Houston. The 
policy of Houston was soon mapped out. The advancing divisions 
were so much detached that he felt assured that they could be 
managed in detail, if the expected succors should reach him in 
time. The best position had been selected on the Brazos, enabling 
the commanding General to cover a larger extent of territory than 
any other location at command, and afforded good access to sup- 
plies. While encamped at this place he was constantly sending 
expresses to Eastern Texas, in which, while his true situation was 
communicated to the Committee of Vigilance and Safety, at Nacog- 



Santa Anna's Advance toward Harrishurg. 69 

doches, he habitually endorsed the envelopes with postscripts, to 
show to all that his force did not exceed twenty-five hundred, be- 
lieving that success would fail to come to his aid if his real situation 
were known. The report that he had a command of twenty-five 
hundred men had no other origin. 

News came from Fort Bend, about the nth of April, that Santa 
Anna, with the centre division of Mexicans, had already crossed 
the river at that place. The vigilance enjoined was not maintained 
by the company stationed at that place, consequently a negro took 
the ferry-boat over to the western side of the river, which enabled 
the Mexicans at once to cross the river, which, as it was at high 
flood, they could not have crossed in a month. A month's delay in 
crossing would have enabled Houston to maintain his position 
until his army was reinforced, from the confidence inspired by 
safety. Circumstances fortunately conspired in favor of Houston 
and the Texans. Gaono, and the upper division of the Mexican 
army, had lost their way on the march, and ascended the Colorado, 
High waters delayed the southern division under Urrea, and the 
Brazos was not passed at all. That Harrisburg had become the 
seat of Government, after the Convention had adjourned, March 
17th, was known to Santa Anna, and he was prepared to take ad- 
vantage of the panic which the flying officers of the Republic had 
spread over the country. Such was the consternation with which 
the Convention broke up, that only seven of its members found 
their way to the army in the field. The disastrous consequences 
of terrible panic among leading men were only thoroughly con- 
ceived by those w^ho were on the ground. Owing to this cause 
more than to any other, Houston received no more reinforcements 
in this fearful and trying crisis. A government ad interim had been 
created by a constitutional act of the Convention. A President,* 
Vice-President, Secretaries of War, Navy, and the Treasury, with 
all powers, except law-making, incident to a government, had been 
appointed, ad interim, and then the Convention adjourned to 
Harrisburg, a point not less than seventy miles from the scene of 
war. The flight of the wise and worthy men of the country from 
danger, tended to frighten the old, young, and helpless, furnish ex- 
cuses to the timid, and " sanction the course of the cowardly." The 
general dismay following the adjournment of the Convention, in- 
duced many brave men, impelled irresistibly by natural impulses, 
to go to their abandoned, fugitive wives and children to render 
them protection. It has been often declared by Gen. Houston that 
of all the circumstances which befell him in the struggle for Texas, 



*Hon. David G. Burnet, President; Hon. L. G. Zavalla, Vice-President 



70 Life of Sam Houston. 

this was the most disheartening, and his dispatches confirm the 
statement. 

It was undoubtedly fortunate for him that Santa Anna had 
learned that the seat of government had been temporarily removed 
to Harrisburg. It caused that wily chief to diverge from his route 
to Nacogdoches, abandon his plan of general invasion, in order to 
capture the ad interim officers of the new Republic. Assured cer- 
tainly that Santa Anna was crossing the Brazos, Gen. Houston 
dispatched orders without delay for all his troops scattered a dis- 
tance of more than eighty miles, from Washington to Fort Bend, 
up and down the river, to join him on the march to Harrisburg. 
The newly-appointed Secretary of War, Gen. Thomas J. Rusk, 
afterward Houston's colleague in the United States Senate, instead 
of flying from the scene of danger, repaired with all haste to the 
commander-in-chief, on the Brazos. On all matters pertaming to 
the welfare of Texas they advised cordially together, and agreed 
together entirely as to the means necessary to be adopted. The 
steamboat Yellow Stone was put in motion, and the entire army, 
with baggage wagons and horses were transported to the eastern 
side of the Brazos in two days. The first artillery which had been 
placed under Houston's control was found on shore, two six-pound- 
ers — " the twin sisters " — a present from some patriotic men in 
Cincinnati. They were mounted, but without equipments necessary 
for use. The smith's-shop and gunsmiths employed in repairing 
the arms of the troops were immediately occupied in making the 
guns ready foneffective use. All the old iron in the vicinity was 
cut into slugs and formed into cartridges. A few miles from the ferry 
the little army halted and encamped for the night. As was his 
custom, Houston personally exam.ined the state of the camp, and 
ascertaining that all that was necessary for an early march had 
been done, he inquired the route to Harrisburg. Never before 
having been in that region, to prevent the liability to surprise by a 
superior force, he acquainted himself perfectly with the geography 
of the country. Houston knew that the road leading to Nacog- 
doches, which crossed the Trinity River at Robbin's Ferry, must 
have been the one which Santa Anna had taken in his march upon 
Harrisburg. Putting the main army, composed of between seven 
and eight hundred men, in motion, a fatiguing march of eighteen 
miles, through a prairie, was made i6th of April, to McArleys. 
Fourteen baggage wagons and two pieces of artillery composed 
the train. The prairie had been made boggy by excessive rains. 
The wagons had to be unloaded in many places, and the dis- 
mounted field-pieces carried or rolled through the mud. The entire 
physical strength of the army was thus brought into requisition. 



Houston'' s Advance to Meet Santa Anna. 71 

Foreseeing early in the march what lay before his men, Houston, 
on the first emergency, dismounted, stripped off his coat, and set 
the example of unloading and transporting baggage and guns. 
He continued throughout the day so to command and assist the 
soldiers with his personal strength. At sunset the brave and toil- 
ing little army halted, and without covering laid down to sleep on 
the open field, as there was not a tent in the camp. A cold rain set 
in after dark, continuing for twenty-four hours. The men who 
were working out the emancipation of their country endured hard- 
ships almost unparalleled in the world's history. Through the 
second day (17th April) these men pursued, through the rain, their 
exhausting march to Burnett's settlement, a twelve miles march to 
a deserted place. That night the soldiers slept on the wet ground, 
ready in a moment to answer the summons. The only instrument 
of martial music in the camp was a drum, which, strange as it may 
appear, was only touched by the commanding General, when he 
gave three taps to call to duty. It appears that a fife was procured 
before the battle of San Jacinto. The third day's march (i8th) 
brought the army eighteen miles through the prairie to Post Oak 
Bayou, where for the night they encamped. They had no longer 
to make a toilsome march through the prairie ; Harrisburg, the tem- 
porary capital, was only six or eight miles distant. The Mexican 
chief on his march to Washington had anticipated them, and re- 
duced the town to ashes. 

Marching up within two miles of the stream, and almost in sight 
of the ruins, they prepared to cross Buffalo Bayou, which was be- 
tween them and the scene of the Mexican's desolation. Swimming 
across the stream with several companions, the gallant Karnes and 
Deaf Smith, in a short time brought back across the Bayou two 
couriers, who furnished most important intelligence. Dispatches 
from Felisola to Santa Anna were found on the person of the 
courier — who proved to be a Mexican officer, — so recently written, 
that the party reading them out aloud for Gen. Houston, remarked, 
"The ink, sir, is hardly dry." Assurance most positive was now 
forced on the Texan commander that Santa Anna had the com- 
mand in person of the advance of the enemy. The second express 
was composed of mail from the City of Mexico, filled with letters 
of congratulation from the capitol, acknowledging Santa Anna as 
Emperor of Mexico. 

Gen. Houston and Gen. Rusk, the Secretary of War, retired im- 
mediately for a private conference. They exchanged but few 
words ; serious and all-engrossing facts were before them. There 
could be but one conclusion : "We need not talk," said Houston to 
Rusk, "you think we ought to fight and I think so too." It was 



72 Life of Sam Houston. 

decided that the fate of Texas should be settled in battle as soon 
as the enemy could be found, and Gen. Houston was informed not 
long after this conference, by Col. Hockley, that he had overheard 
an officer in command of a regiment, saying to the soldiers around 
him, with whom he supposed that he possessed great influence, 
** Boys, Houston don't intend to fight ; follow me and you shall have 
enough of it." Houston said at once to Hockley, " I'll cure this 
mischief directly." The two Colonels were summoned into his 
presence. " Gentlemen," said he, " have you rations of beef in 
camp for three days ? " " Yes, sir." " You will then see that each 
man is supplied with three days' cooked rations, and hold the camp 
in readiness to march. We will see if we can find Santa Anna ; 
good-morning, gentlemen." Houston remarked, as he turned off 
with Hockley, "There is no excuse for sedition now if they wish 
to fight." Orders were immediately given to prepare for crossing 
Buffalo Bayou, so that the march upon the enemy might be com- 
menced the next morning. But when morning came, no prepara- 
tions had been made for the march. No attention had been paid 
to the orders of the commanding General, — no soldier had prepared 
his rations. No time was to be lost. Not taking his usual morning 
rest, the General in person issued his orders to the men, and soon 
the signs of preparation were evident throughout the camp. It was, 
however, nine o'clock before the column could be gotten under 
arms. Arriving at the bayou, two miles from the encampment, the 
boat was found to be nearly filled with water. Dismounting at 
once. Gen. Houston called for an axe, and went to hewing oars out 
of rails. Difficult and perilous as was the passage, yet Houston 
was resolved that it should be made that morning. The stream 
was about fifty yards wide, and more than twenty feet deep. An 
accident occurred, damaging the boat, while the pioneers, a small 
compan}'^, were going aboard. The General at once leaped aboard. 
His faithful horse, left pawing on the bank, plunged in after him, 
and swam to the opposite shore. A rope of horse-hair, called in 
Spanish cabriestos, was soon constructed with raw twigs, and fast- 
ened to both banks of the bayou, enabling the boat to make trips 
more rapidly, and keep it from floating down stream. With great 
rapidity the passage was now made. But the commander and his 
faithful and intelligent councillor. Gen. Rusk, Secretary of War, 
spent an hour of intense anxiety. On opposite banks they stood 
and watched the dangerous movement of their little army, in whose 
brave hearts were now gathered all the hopes of Texas. The en- 
emy's column might appear in sight at any moment, and coming up 
while the deep stream divided the army of Texas, the hopes of 
Anglo-Saxon civilization would have been blasted on Texas soil for 



Houston on the Eve of Battle. 73 

an indefinite period. The moment of deepest peril now intervened. 
After half the army had crossed, the boat commenced giving away, 
occupying four strong men in continually bailing out the water. 
The cavalry had now to cross. Goaded to plunge into the deep 
stream, they immediately disappeared, and rising again in full 
strength they swam to the steep, opposite bank, and made a suc- 
cessful passage. The last passage of the boat carried over Gen. 
Rusk. These two brave men grasped each other's hands, and in- 
voluntarily the same exclamation escaped from each other's lips, 
" Thank God, at last we are safely over." The following letter, 
written in pencil, on a scrap of paper drawn from the General's 
pocket, will attest the animus and intention of the hour after the 
passage of Buffalo Bayou : 

"Camp at Harrisburg, Apn'l ig, 1836. 
"To Colonel Rusk, in the field : 

" This morning' we are in preparation to meet Santa Anna. It is the only 
chance of saving Texas. From time to time I have look.ed for reinforcements 
in vain. The Convention's adjourning to Harrisburg struck terror through the 
country. Texas could have started at least four thousand men. We will be 
only about seven hundred to march, besides the camp guard. Bui we go to 
conquest. It is wisdom growing out of necessity to meet and fight the enemy 
now. Every consideration enforces it. The troops are in fine spirits, and now 
is the time for action. We will use our best efforts to fight the enemy to such 
advantage as will insure victory, though the odds are greatly against us. I leave 
the result in the hands of an all-wise God, and I rely confidently upon His 
providence. My country will do justice to those who serve her. The right for 
which we fight will be secured, and Texas shall be free. 

" Sam Houston, Commander-in-Chief." 

(Certified copy from the Department of War of the Republic of Texas.) 

After the passage of Buffalo Bayou the companies of the army 
were formed into line, and then Gen. Houston rode up and ad- 
dressed the soldiers. His address was said by those who heard it 
to be the most eloquent and impassioned to which they ever lis- 
tened. He gave them as the battle cry. Remember the Alamo. The 
words were taken up by every man in the army, and one unani- 
mous shout pierced the sky, " Remember the Alamo ! Remember 
the Alamo ! " and the green islands of prairie trees echoed and 
repeated that shout, " Remember the Alamo." Gen. Rusk, Secre- 
tary of War, also spoke in the most stirring, impassioned, and appre-l 
priate language. Inspired with the spirit of chivalry, the mer^ 
were impatient to hear the order to "march." The column soon""^ 
received the order to march. Under a brilliant sun, shining full /,* 
and clear after a long cold rain, that army marched without bugle ' I 



1/ 



Life of Sam Houston. 

^^^^blast, floating banners, thrilling fife, or pealing drum.* Seven 
hundred men, resolute on freedom without pomp or circumstance 
of glorious war, evinced their determined purpose by heavy tramp, 
strained muscle, and compressed lip. To avoid being seen on the 
open prairie, the army halted till sundown, in a narrow woodland 
not far from the stream. Once more in motion, the column made 
a forced march to a position distant not more than four or five miles 
from the ground where the serious and main struggle was expected 
to be made. Off from the line of march the weary men took shelter 
under the covert of a grove, and lying down on their rifles, slept 
for an hour. Gen. Houston rose from the ground at daylight. He 
had rested on a coil of rope used in dragging the artillery, and 
with his well-known three taps of the drum roused the camp. 
From the day he assumed command a reveille or tattoo had never 
been beaten. In every direction pickets were advanced. The 
scouts sent out returned very soon with information which assured 
Gen. Houston that Santa Anna with his column was not far dis- 
tant. A small party well mounted had been met with, and although 
chase was given, they escaped. The army halted to take refresh- 
ment; when the scouting party returned, rousing fires were kindled 
to cook the beeves already dressed. About seven o'clock that 
same morning, before much progress had been made, it was re- 
ported that the enemy was marching up from New Washington to 
cross the San Jacinto, effecting which, Santa Anna would have 
been enabled to have carried desolation to the Sabine. The order 
was given immediately by Gen. Houston to take up the line of 
march for crossing the San Jacinto at Lynchburg. On cutting off 
Santa Anna's retreat hinged the issue of the entire struggle, and 
the whole army at once saw it. With alacrity abandoning their 
half-cooked meat, the men flew to their arms as one man, and 
hitching the horses to the artillery as soon as possible, began the 
march, nor did they halt until they had reached the ferry at the 
junction of Buffalo Bayou and San Jacinto, where, to the great joy 
of the Texans, they learned that Santa Anna had not yet come up. 
Santa Anna had forced some Americans to construct a new boat ; 
of this Houston took possession, and caused it to be rowed up the 
stream opposite the first grove on the bayou. Arriving first, he 
had the opportunity of choosing his position. In a beautiful copse 
of trees growing on a bend in the stream, semicircular in form on 
the margin of the prairie, he posted his army. On the bank of the 
river his forces were concealed by the trees and their undergrowth, 



*There was one drum and fife, which few heard, which gave the air of " Come 
to the Bower," the only air of the struggling Republic. 



^ Houston Confident of Victory, 75 

and his artillery was planted on the brow of the copse. The 
Texans were now ready for battle at a moment's warning, but as 
Santa Anna's forces had not yet come up, they relighted their fires 
to complete their cooking operations which had been so suddenly 
broken up a few hours before. Their arms had been scarcely laid 
aside and fires kindled before the scouts of Houston came flying 
into camp with the important news that at last the Mexicans were 
in sight — intelligence soon confirmed by Santa Anna's bugles, 
sounding over the prairie the charge of the Mexican army. Santa 
Anna knew perfectly well, whatever had been said to the contrary, 
the position of the Texan General. He intended to surprise the 
Texan army himself, instead of being surprised by a discharge 
from the Texan artillery. Intending to sustain his artillery by his 
infantry and cavalry, he opened his "brass twelve-pounder" upon 
the Texan position. The Mexican infantry column was driven 
back by a well-directed fire of grape-shot and canister from Hous- 
ton's two six-pounders, and within rifle-shot of the Texan army 
took shelter in a piece of timber. The Mexican field-piece kept up 
its fire, resulting only in disabling from service Col. Neill, the gal- 
lant officer of the artillery, by a grape-shot received in his thigh. 
About ten o'clock of the morning of the 20th of April these events 
occurred. Permission was given Col. Sydney Sherman, of the 2d 
regiment, at his own request, to drive with a detachment the 
infantry from their covert. Although the place and time for ac- 
tion had been decided upon by Houston, he consented to Col. 
Sherman's proposition, enjoining him to take two companies of his 
regiment with positive orders not to advance beyond the piece of 
timber, or endanger the safety of his detachment. The charge was 
made on horseback, and only resulted in a repulse of the Texans. 

It is apparent from the records left concerning the movements 
of this eventful campaign, that Gen. Houston had determined to 
select his own time for the conflict, and by superior advantage of 
position and military skill to compensate for disparity in numbers. 
The skirmishing of the day concluded with the retirement of Santa 
Anna and his army to a swell in the prairie, with timber and water 
in his rear. About three-quarters of a mile from the Texan camp, 
near the bank of the Bay of San Jacinto, he took his position, and 
commenced a fortification. The Texan commander was well 
satisfied with the day's work, and declared to a confidential officer 
that evening that if he had pursued the enemy victory would have 
been certain, yet it would have been attended with a heavy loss of 
men. "While to-morrow," said Gen. Houston, "I will conquer, 
slaughter, and put to flight the entire Mexican army, and it shall 
not cost me a dozen of my brave men." The military sagacity of 



76 Life of Sam Houston. 

Gen. Houston displayed itself every day after he took the com- 
mand of the army at Gonzales. In the afternoon of the 20th Col. 
Sherman was allowed to go out with the cavalry, and reconnoitre 
the enemy's position and forces, the artillery and infantry battalion 
remaining concealed behind an island of timber, to be in readiness 
to meet and check the advances of the enemy if Sherman's com- 
mand should be attacked. Hardly had the reconnoitering party 
disappeared before the sound of firing was heard in their direction. 
Gen. Houston mounted his horse and rode to the scene of action, 
and met the cavalry coming in. A general engagement had not, 
fortunately, been brought on, but one soldier had been killed, and 
another wounded. The truth of history demands that the state 
ment of Gen. H. S. Foote (vol. ii., p. 301) should be placed on 
record, confirmed by the endorsement of Gen. Houston himself. 
Gen. Foote's statement is that the last action of the 20th " was a 
bold and well-conceived ruse to delude the commander-in-chief 
into a conflict in spite of the monitions of his cooler judgment." 
Houston was satisfied that his plan of giving battle the next day 
would succeed, and he was reluctant to peril unnecessarily the life 
of a single man. Retiring to their camp at the close of the 20th, 
the Texan army refreshed themselves for the first time in two days. 
The position of the Mexican army maintained till the charge made 
upon it the next day, may be learned from Gen. Houston's official 
report. " The enemy in the meantime extended the right flank of 
their infantry, so as to occupy the extreme point of a skirt of tim- 
ber on the bank of the San Jacinto, and secured their left by a for- 
tification about five feet high, constructed of packs and baggage, 
leaving an opening in the centre of their breastwork, in which their 
artillery was placed — the cavalry upon the left wing." 



CHAPTER IX. 

The Battle of San Jacinto— The Hero Chieftain and the Hero Soldiers- 
Gen. Houston's Report — Col. Robison's Report of Capture of Santa Anna — 
T. Houston's Address and Exercises at Unveiling of Memorial Monument. 

THE night which preceded the bloody battle of San Jacinto 
exhibited one man over whose mind there passed no anxious 
vision. Witnessing the first meeting of the hostile armies, he had 
remained on horseback as a target exposed to artillery. The bit 
of his horse's bridle was struck by shot, and cannon balls cut down 
branches over his head. To make surprise impossible he had 
doubled the vigilance of his encampment. Having taken little rest 
and eaten scarcely anything for several days, his staff urged him 
to take some rest. While his men were hastily eating the beef 
found so difficult to cook, he reclined under an old oak, with a coil 
of artillery rope for a pillow. He had rested but little from the 
time of taking the command. His only time for repose was after 
four o'clock in the morning. At four o'clock in the morning he 
beat three taps of the drum, the line was formed, and his men kept 
under arms till daylight. Laying down, he then rested till his 
men had taken their breakfast, and were ready to march. He had 
waited in vain for expected troops and supplies. His men were 
dispirited, and desertions had been caused by the fall of the Alamo 
and the massacre of Fannin's command. Consternation filled the 
country. The officers of Government had removed from the scene 
of danger to Galveston. He was without supplies or a transport 
in a new country. Half-armed and half-clad men were his 
soldiers. A powerful and cruel enemy was in his neighborhood. 
The picket guards of his opponent's forces exceeded in number all 
the men in his camp. He had difficulty in deciding on the day of 
battle, and he could hardly imagine its scene. But notwithstand- 
ing the terrors of suspense, and the presence of the enemy, having 
posted faithful guards, this man of iron will slept calmly and 
soundly through the night. The usual three taps of the drum 
(always beaten heretofore by Gen. Houston) were beaten by 
a stranger as the morning of the last day of Texan servitude 
dawned. The 700 comrades of the chieftain springing to their 
feet, engaged in union in preparation for battle. The chieftain -^ 
hero still rested quietly and calmly. His men had taken the final 

(77) 



78 Life of Sam Houston. 

meal before independence was won. The sun shone with no inter- 
vening cloud in the face of the hero, and waked him to battle. He 
surveyed his men under arms, ready for battle, " the sun of Aus- 
terlitz has risen again." No shade of trouble marred the dignified 
repose of his calm face. Col. John Forbes, his Commissary Gen- 
eral, was ordered to provide two good axes. Sending for Deaf 
Smith, and taking this faithful and fearless man aside, he ordered 
him to conceal the axes safely in some place, where at a minute's 
warning he could lay his hands upon them. The General enjoined 
Smith not to pass the lines of the sentinels that day without spe- 
cific orders, and not to be beyond his call. 

About 9 o'clock a powerful force which had come to join the Mexi- 
cans was seen to be moving over a swell of the prairie in the direction 
of Santa Anna's camp. The Texan lines were not a little excited 
by the spectacle. Apprehending the effect upon his men of the ap- 
pearance of this reinforcement of the enemy, Houston coolly re- 
marked " that they were the same men they had seen the day be- 
fore — they had marched round the swell in the prairie, and returned 
in sight of the Texan camp to alarm their foe — with the appear- 
ance of an immense reinforcement, for it was very evident Santa 
Anna did not wish to fight. But it was all a rttse de guerre that 
could be easily seen through — a mere Mexican trick." Meantime, 
he sent Deaf Smith and a comrade with confidential orders to re- 
connoitre in the rearward of this force and report to him. Soon 
the spies returned, and reported publicly " that the General was 
right — it was all a humbug." Deaf Smith reported a different 
story in the private ear of the commander a few minutes after- 
ward. Gen. Cos, with 540 men, having heard Santa Anna's can- 
non on the Brazos on the day before, had come by forced marches 
to reinforce him. The secret was not revealed until it did no harm 
to divulge it. A council of war, comprising six field officers, at 
their instance was called at this apparently critical juncture. 
Seated on the grass beneath a post oak tree, the General-in-Chief 
submitted alternative propositions — whether the Texans should 
attack the Mexicans in their position, or whether the Texans should 
wait for the Mexicans to attack the Texan forces in their chosen 
position. Two junior officers favored attack, but four seniors ob- 
jected that it was an unheard-of thing for raw soldiers, with only 
two hundred bayonets, without cover of artillery, to cross an open 
prairie to charge a disciplined army. The council was dismissed. 
Ascertaining with certainty that the men were favorable to an at- 
tack. General Houston determined on his own responsibility to 
give battle. It was proposed to construct a floating bridge across 
Buffalo Bayou, to be used in the event of danger. Inquiry was in- 



Deaf SmiWs Heroism. 79 

stituted to ascertain if the requisite materials were at command. 
The inquiring officers reported that they could construct the 
bridge if allowed to tear down a neighboring house. Gen. Houston 
replied to the report, "We will postpone it awhile, at all events." 
Deaf Smith was ordered to report to him, with a companion; 
going with them to the spot where the axes had been deposited 
that morning. Taking and examining the axes carefully, he handed 
the trusty men * each an axe, saying : " Now, my friends, take 
these axes ; mount, and make the best of your way to Vince's 
Bridge ; cut it down and burn it up, and come back like eagles, or 
you will be too late for the day." Both armies had crossed this 
bridge in their march to the battle-ground of San Jacinto. To cut 
it down was to cut off all chance of escape for the vanquished. 
" This," in his droll way, said Deaf Smith, " looks a good deal like 
fight, General." There was apparently a wide difference between 
the calculations of some of Houston's officers and himself as to 
the results of the day. They, thinking of probable defeat, thought 
of building a new bridge to facilitate escape ; he, determined that 
his army should come off victorious that day, or leave their bodies 
on the field, ordered the only bridge in the neighborhood to be cut 
down and burned up. 

Houston commenced preparations for battle, as events had taken 
the course which he had expected and desired. It was 3 o'clock in 
the afternoon ; the Mexicans, concealed behind their breastworks, 
manifested no disposition to come to an engagement. The plan 
of attack may be best understood from the language of Gen. 
Houston's official report after the battle was over : " The ist 
Regiment, under the command of Col, Sydney Sherman, formed 
the left wing of the army. The artillery, under the special com- 
mand of Col. George W. Hockley, Inspector-General, was placed 
on the right of the ist Regiment, and four companies of infantry, 
under the command of Lieut. -Col. Henry Millard, sustained the 
artillery upon the right. Our cavalry, sixty-one in number, com- 
manded by Col. Mirabeau B. Lamar, placed on our extreme right, 
completed our line. Our cavalry was first dispatched to the front of 
the enemy's left, for the purpose of attracting their notice, whilst 
an extensive island of timber afforded us an opportunity of con- 
centrating our forces and displaying from that point agreeably to 



* We choose to follow Gen. Houston's own statetnent that he ordered Deaf 
Smith to cut the bridge down and then burn it up. Although another statement 
avers " that the parties burning the bridge were from Karnes' Cavalry Company." 
They were Deaf Smith, D. W. Rives, John Coker, G. P. Alsbury, E. R. Rain- 
water, John Garner, and Moses Lapham. 



80 Xiife of Sam Houston. 

the previous design, of the troops. Every evolution was performed 
with alacrity, the whole advancing rapidly in line, and through an 
open prairie without any protection whatever for our men. The 
artillery advanced, and took station within two hundred yards of 
the enemy's breastworks." 

No adequate description of the action could be written. Par- 
ticipants in the contest have frequently undertaken to give the 
writer some idea of the scene. In fifteen minutes the victory was 
won, more by a slaughter than a battle. Houston and Gen. Rusk, 
the Secretary of War, were agreed as to the plan of the battle ; 
the former led the centre, the latter had command of the left wing ; 
seven hundred Texans engaged in mortal conflict with over 
eighteen hundred Mexicans. The sagacious, soldierly mind of 
Houston, and the lion heart of Rusk, were assured of success. 
The army was drawn up in battle array, waiting for the charge. 
The two six-pounders, "The Twin Sisters," had commenced a 
steady fire, well directed, of grape and canister, which shattered 
bones and baggage wherever they struck. The moment for victory 
and independence had come. The war-cry, Reinember the Alamo! 
was sounded out with the charge ordered by Houston. Every 
soldier was aroused by the inspiring battle charge. The shout of 
an united army rent the air with the wild words, The Alamo ! the 
Alamo I Terror thrilled the Mexican host. As he had been in- 
structed to do, at that supreme moment Deaf Smith rode up on a 
horse covered with mire and foam, swinging an axe over his head, 
dashing along the Texan lines, and exclaiming, " I have cut down 
Vince's Bridge — now fight for your lives, and remember the Alamo." 
Held back for a moment at this annoimcement, the Texan army 
in solid phalanx rushed forward with resistless fury upon the 
breastworks of the Mexicans. At the head of the centre column 
Gen. Houston urged his horse into the face of the foe. Ready for 
the attack, the Mexican army, although in great surprise, was 
drawn up in perfect order. The Texans approached within sixty 
paces. They had not fired a rifle, when the Mexican lines flashed 
with a storm of bullets. Fired too high, the bullets flew over the 
Texan army. Several balls struck Gen. Houston's horse in the 
breast, and one shattered his ankle. The noble horse for a mo- 
ment staggered, but was spurred on by his heroic rider. Had the 
Mexicans directed the aim of their first discharge aright, the Texan 
ranks would have been sadly thinned. The Texan soldiers pressed 
on. Each man reserved his fire until he could choose some partic- 
ular soldier, and, before a Mexican could reload, into his breast a 
Texan would discharge his rifle-ball. Without bayonets, rifles 
were converted into war clubs, and deadly aims levelled at the 







m^^^-^^Mm 



'^EuttLeGroun fC 



TTie Battle-cry '•'- Remember the AlamoP 81 

lieads of Santa Anna's men, A desperate struggle, hand-to-hand, 
took place along the breastwork when the fire of musket and rifle 
had ceased. When the Texans had, by smashing in the skulls of 
their enemies, broken off their rifles at the breach, they flung away 
the remnants in their hands and then drew their pistols ; firing 
them once, and having no time to reload, they threw them at the 
heads of the Mexicans ; then drawing out their bowie-knives, fear- 
lessly they carved their way literally through "dense masses of 
living flesh." 

To suppose that the Mexicans acted the coward on that fatal 
day would be a serious and sad mistake. Where they stood in the 
ranks when the battle began they were slain by hundreds. The 
vengeance which fired Texan breasts was fierce and resistless. 
Striking for their homes, their families, their dead kindred, and 
the undying rights of civil and religious liberty, they battled as 
none but men free-born, and determined to die free, can ever fight. 
For a brief period, the Mexican officers and men maintained a firm 
stand. As fast as they fell, the Texans stamped upon them, 
trampling on the dead, and rushing over the groaning, the bleed- 
ing, the dying, or the dead, to plunge their weapons into the 
bosoms of those in the rear. When the Mexicans perceived that 
the onslaught of their Texan foes could not be resisted, some at- 
tempted to fly, and were stabbed in their backs. Others, falling 
on their knees, plead for mercy. Recalling to mind the sad mas- 
sacre of the " Alamo," and the Texan war-cry, " Remember the 
Alamo," they cried out, " Me no Alamo ; me no Alamo ; me no 
Alamo." A merciless Mexican tyrant had made them, unfor- 
tunately, slaves of his imperious will, unwilling or willing wit- 
nesses of the brutal massacre of brave men fighting in freedom's 
holy cause. No other claim for mercy now occurred to them but a 
disclaimer of complicity in the massacre of the Alamo. The ven- 
geance of men long outraged, and pronounced outlaws and pirates, 
broke forth, which recognized no bounds of modern warfare. 

The right and left wing had either been routed or slain before 
the centre breastwork had been carried. Several bold charges 
were made by the Mexicans upon the Texan lines. The battalion 
of Texan infantry were gallantly charged by a Mexican division of 
infantry, composed of more than five hundred men. The charging 
force was three to one of the force assailed. The Commander-in- 
Chief, observing the peril, dashed between the Texan and Mexican 
infantry, and exclaimed, ** Come on, my brave fellows, your Gen- 
eral leads you." Like a veteran corps the battalion halted and 
wheeled in perfect order. The order to fire was given by Gen, 
Houston, and had the guns all been fired by machinery they could 
6 



82 Life of Sam Houston. 

not have fired more nearly at the same time. A single discharge, 
a rush through the smoke, cleaving blows of rifles uplifted struck 
down those whom the bullets had not slain. Only thirty-two of 
the five hundred Mexicans survived to surrender as prisoners of 
war. Gen. Houston's wound in the ankle, meanwhile was bleeding 
profusely. His horse was dying, and with difficulty could stagger 
over the slain. Still the General-in-Chief witnessed every move- 
ment of his army, and as it rolled victoriously over the field, saw 
the tide of battle crowning his brave soldiers with unparalleled suc- 
cess. Rarely in human history has there been such a scene. The 
shock of the Texan advance and attack was resistless. Everywhere 
the Mexicans staggered, — officers and men, whether in regiments 
or battalions, cavalry or infantry, were thrown together without 
order, each bent on individually signalizing himself. Driven from 
their position they fled before their pursuers. The battle was won. 
Riding over the field Gen. Houston gave orders for the carnage of 
the wounded to cease. But he had given the Alamo as the war-cry, 
and his men could not forget the Alamo, its horrors were too fresh 
in their memories. The blood of Travis, Bowie, and Crockett at 
the Alamo, and Fannin at Goliad, cried out for vengeance, and the 
day of vengeance had come, and it would have been as easy to 
hurl back the billows of an inrolling tide of the sea. In the report 
of Gen. Rusk, who minutely observed the occurrences of the day, 
appears the following statement : 

" While the battle was in progress, the celebrated Deaf Smith, although on 
horseback fighting, was with the infaitry. When they got pretty near the en- 
emy Smith galloped on ahead, and dashed directly up to the Mexican line. Just 
as he reached it his horse stumbled and fell, throwing him on his head among 
the enemy. Having dropped his sword in the fall he drew one of his belt pis- 
tols, presented it at the head of a Mexican, who was attempting to bayonet him, 
and it missed fire. Smith then hurled the pistol itself at the head of a Mexican, 
and as he staggered back he seized his gun, and began his work of destruction. 
A young man by the name of Robbins dropped his gun in the confusion of the 
battle, and happening to run directly in contact with a Mexican soldier, who had 
also lost his musket, the Mexican seized Robbins, and both being stout men, 
rolled to the ground. But Robbins drew out his bowie-knife and ended the con- 
test by cutting the Mexican's throat. On starting out from our camp to enter 
upon the attack, I saw an old man, by the name of Curtis, carrying two guns. 
I asked him what reason he had for carrying more than one gun. He answered, 

' D the Mexicans ; they killed my son and son-in-law in the Alamo, and I 

intend to kill two of them for it or be killed myself.' I saw the old man again 
during the fight, and he told me that he had killed his two men, and if he could 

find Santa Anna himself he would cut out a razor-strop from his back 

When the Mexicans were first driven from the points of woods where we en- 
countered them, their officers tried to rally them, but the men cried, ' It's no use, 



Gen. Ruslc's Description of the Battle. 83 

it's no use, there are a thousand Americans in the woods.' When Santa Anna 
saw Almonte's division running- past him, he called a drummer and ordered him 
to beat his drum. The drummer held up his hands and told him he was shot. 
He called then to a trumpeter near him to sound his horn. The trumpeter re- 
plied that he also was shot. Just at this instant a ball from one of our cannon 
struck a man who was standing near Santa Anna, taking off one side of his 

head. Santa Anna then exclaimed, ' D these Americans, I believe they will 

shoot us all.' He immediately mounted his horse and commenced his flight." 

The Texans chased the flying Mexicans far over the prairie, fol- 
lowing up the indiscriminate slaughter, and leaving on the ground 
where the battle began, a larger number than their own, living, dy- 
ing, or dead. Attempting to escape through the tall grass, multi- 
tudes were overtaken and killed. The enemy's cavalry were well 
mounted. When they saw that further resistance was fruitless, 
spurring their fast horses, they directed their course toward Vince's 
Bridge. The victors hotly pursued them. When they came to the 
stream, to their horror they saw the bridge was gone. Appalled 
and desperate, some of the flying horsemen spurred their horses 
down the steep bank ; some dismounted and plunged into the 
stream ; some became entangled in their trappings, and were 
dragged with their struggling horses ; others sunk to the bottom, 
and those who succeeded with their horses in reaching the opposite 
bank, fell backwards into the river. The Texan pursuers as they 
came up, poured a deadly fire upon the Mexicans struggling with 
the flood. Escape was impossible. By hundreds, men and horses 
rolled together. Blood discolored the stream ; dying gurgles 
mingled with the plashing of waters. 

Never before has history recorded an event in such words : " The 
deep, turbid stream was literally choked with the dead." In the 
rear of the battle-ground near the Mexican encampment, on the 
southern verge of the Island of Trees, a spectacle of equal strange- 
ness and horror was witnessed. Many had rushed to this spot as 
their last hope. The escape in this quarter was slight. A deep 
morass exhibited no inconsiderable barrier to passage. Horses and 
mules with their riders plunged into the mire only to be complete- 
ly submerged. Practiced riflemen prevented the escape of any one 
likely to escape. The bodies of dead mules, horses, and men made 
a bridge across the morass. 

Almonte, with two hundred and fifty cooler, if not braver, men 
prepared on the Island of Trees to resist or surrender rather than fly. 

Rallying as large a body of men as could be assembled, Houston 
prepared to lead his men to a charge,but his noble horse, that had gal- 
lantly borne his rider throughout the battle, staggered and fell dead 
with seven balls in his body. In dismounting, Gen. Houston struck 



84 Life of Sam Houston. 

upon his wounded leg and fell to the earth. For the first time it 
was now discovered that he was wounded. Gen. Houston immedi- 
ately called for Gen. Rusk, and gave to him the command. The 
officers of the staff of the General-in-Chief procured another horse 
and assisted him to remount. Gen. Rusk, with the newly formed 
company advanced upon the last remnant of the Mexican army. 
Almonte, its commander, saved the necessity of conflict, and came 
forward and promptly surrendered his sword. 

The battle-field of San Jacinto was woji. 

No more strife was required. In a quarter of an hour a battle 
was fought and a victory won, which in the meagreness of the 
hosts engaged, and the amazing results which ensued are unparal- 
leled in human history. 

The wounded Houston cast a glance over the battle-field and 
said to his comrades : *'I think now, gentlemen, we are likely to 
have no more trouble to-day, and I believe I will return to the 
camp." 

Resistance to the arms of Texas ceased. The hero of San Jacinto 
with his party slowly rode from the field of victory to the oak at 
whose foot the deliverer of Texas had slept the previous night. A 
command was left to guard the spoils taken from the enemy. Vic- 
torious soldiers in crowds came to the commander-in-chief, as he 
was riding across the field, and slapping him familiarly and rudely 
on his wounded leg, cried out : " Now, ain't we brave fellows. 
General ? " " Yes, boys, you have covered yourselves with glory, 
and I decree to you the spoils of victory; I will reward valor; I only 
claim to share the honors of our triumph with you," 

Before dismounting, while giving his orders after reaching the 
Texan encampment. Gen. Rusk appeared and presented his prison- 
er, Gen. Almonte. It was the first time that Houston and Almonte 
had ever met. It was the finishing stroke to a glorious victory. 
Exhausted from fatigue and loss of blood, Houston now fainted 
and fell from his second horse, but was caught by Col. Hockley in 
his arms, and laid down at the foot of the oak where he had biv- 
ouacked. 

The bloody battle of San Jacinto was ended. In the annals of war, it 
is questionable whether it has a parallel. J* 

Its immediate results were not insignificant. Its promise^or 
the future was a symbol of almost boundless empire, changed geog- 
raphy and a perfection of civilization, embracing almost a whole 
hemisphere. The spoils of victory were indeed valuable to men who 
owned nothing in the morning but the arms which they carried, 
their scant and coarse clothing, and the resistless desire to be free 
and own a free country. "About 900 English muskets (besides a 



jResuUs of the Victory. 85 

very large number lost in the morass and bayou), 300 sabres, and 
200 pistols ; 300 valuable mules, 100 fine horses, and a good lot of 
provisions, clothing, tents, paraphernalia for officers and men, and 
twelve thousand dollars in silver, constituted the principal spoils." 

But the moral and political consequences of the victory far tran- 
scended the value of this important booty to needy heroes. 

Texan independence was won. 

History furnishes in its whole range no spectacle more sublime 
than this struggle for freedom. In imitation of their ancestors, an 
outraged, brave people, many of whom tilled the soil on which they 
fought and for which they had paid in money or labor, not striving 
for empire nor the glory of a military chieftain, had trusted 
their cause to the wager of battle. Relying on the God of battles, 
He had provided for the issue. 

Abandoning for a time their fugitive wives, hundreds fought for 
all that makes life worth living for, or dying for, or gives value to 
its possessions, eternal freedom for themselves and their posterity. 

With the victory of San Jacinto a new era dawned upon the 
Western Continent. 

The Anglo-Saxon race began now to demonstrate the power to 
rule the new world. France ceased to hold empire in America 
when the Canadas surrendered to British rule in 1763. Spain 
had lost control of any portion of the Western Continent, and 
now her descendants had yielded the sway of a territory grander in 
extent than France, thus opening a way for a subsequent surren- 
der of a still larger territory on the Pacific coast. 

Invited to Texan soil, three hundred emigrants undertook to 
found a Mexican State coequal with the other United States of 
Mexico. They asked only that the Federal Constitution of 1824 
should be maintained and administered. All they asked for Texas 
was a concession of the same rights secured to the Mexican States 
by that Constitution. The superior industry, enterprise, and inven- 
tion of the new colonists, attributable to that intelligent love of 
liberty which the Mexican mind did not comprehend and dreaded 
far more, were a terror to the Mexican Dictators. They regretted 
that they had invited the 300 Americans to colonize Texas ; they 
reeved that Texas should be a desert, a wide waste, without a 
ciyflzed inhabitant ; occupied, if occupied at all, by savages, and 
thus prevent all intercourse between Mexicans and the United 
States of America; thus opposed to progress and enlightened civil- 
ized life. Stephen F. Austin, mingling in his grand character the 
lofty character of the cavalier and the uncompromising nature of 
the Puritan, led the choice band of spirits who sought to domicili- 
ate themselves in the beautiful province of New Estramadura. 



S6 Life of Sam Honston. 

Dauntless, incorruptible, the young nation reposed confidence in 
him. Framing a Constitution, demanding no more than the other 
Mexican States were allowed, Austin was deputed to convey the Con- 
stitution to the City of Mexico. " His very appearance in that city 
wifei the prayer of his colony, that the Mexicans would abide by 
thei!^wn Constitution, under whose solemn pledge he had led his 
peopl^Vfo their new home, was too bitter a sarcasm upon the cor- 
rupt tyrants who had trampled down that high compact, and he 
was plunged into a foul dungeon, where for many months he never 
saw a beam of sunshine, nor even the hand that fed him." 

This inhuman act, defiant of all honor or justice, served only to 
kindle the flame which was destined to consume Mexican tyranny 
on Texan soil. A small band of Texans drove four times their 
number, in 1835, from San Antonio. The Dictator, Santa Anna, re- 
solved to take the field himself. With well-selected and finely ap- 
pointed troops he advances on San Antonio and retakes it. He sum- 
mons Travis and his immortal band to surrender the Alamo. With 
death staring them in the face, either while fighting or by massacre, 
they refuse to surrender, and die martyrs to liberty, immortal he- 
roes, and in their death insunng victory at San Jacinto and liberty 
forever. Animated by his savage purpose of extirpating Anglo- 
Saxon blood from Texan soil, the despot advances, causing Fan- 
nin's immortal heroes to be slaughtered in cold blood at Goliad. 
Again the fires of liberty are kindled. The despot divides his corps 
into three divisions, and leads one as by the appointment of a 
superintending Providence to the destined spot where all hope or 
possibility of retreat being cut off, the battle of San Jacinto is 
fought, and Mexican rule on Texan soil forever destroyed. 

The moral effect of that battle on the destiny of the American 
Union has not yet been fully realized. Already it has changed the 
geographical boundaries of nearly the entire North American con- 
tinent, and has altered the domestic relations of the Southern 
States, indirectly if not directly. It has opened the highway for 
the iron horse from the Atlantic to the Pacific. 

Each year, since April 21, 1836, is witnessing new developments 
of history, all strangely linked with the events which gave victory 
to Houston and his small band of Texans on the field of San 
Jacinto. 




HoustorCs Official Meport of the Battle. 87 

The Battle of San Jacinto. 

report of major-general sam houston. 

" Headquarters of the Army, ^ \ 
"San Jacinto, April i^, ij^. \ 
" To His Excellency D. G. Burnet, 

" Presidoit of the Republic of Texas : 

" Sir : — I regret extremely that my situation since the battle of the 21st haff 
been such as to prevent my rendering you my official report of the same previous 
to this time. 

" I have the honor to inform you that on the evening of the eighteenth instant, 
after a forced march of fifty-five miles, which w^as effected in two days and 
a half, the army arrived opposite Harrisburg. That evening a courier of the 
enemy was taken, from whom I learned that General Santa Anna, with one di- 
vision of his choice troops, had marched in the direction of Lynch's Ferry, on 
the San Jacinto, burning Harrisburg as he passed down. The army was ordered 
to be in readiness' to march early on the next morning. The main body effected 
a crossing over Buffalo Bayou, below Harrisburg, on the morning of the 19th, 
having left the baggage, the sick, and a sufficient camp guard m the rear. We 
continued the march throughout the night, making but one halt in the prairie 
for a short time, and without refreshment. At daylight we resumed the line of 
march, and in a short distance our scouts encountered those of the enemy, and 
we received information that General Santa Anna was at New Washington, and 
would that day take up the line of march for Anahuac, crossing at Lynch's 
Ferry. The Texan army halted within half a mile of the feriy in some timber, 
and were engaged in slaughtering beeves, when the army of Santa Anna was 
discovered to be approaching in battle array, having been encamped at Clop- 
per's Point, eight miles below. Disposition was immediately made of our 
forces, and preparation for his reception. He took a position with his infantry 
and artillery in the centre, occupying an island of timber, his cavalry covering 
the left flank. The artillery, consisting of one double fortified medium brass 
twelve-pounder, then opened on our encampment. The infantiy, in column, ad- 
vanced with the design of charging our lines, but were repulsed by a discharge 
of grape and canister from our artillery, consisting of two six-pounders. The 
enemy had occupied a piece of timber within rifle-shot of the left wing of our 
army, from which an occasional interchange of small arms took place between 
the troops until the enemy withdrew to a position on the bank of the San Ja- 
cinto, about three-quarters of a mile from our encampment, and commenced for- 
tification. A short time before sunset, our mounted men, about eighty-five in 
number, under the special command of Colonel Sherman, marched out for the 
purpose of reconnoitering the enemy. Whilst advancing, they received a volley 
from the left of the enemy's infantry, and after a sharp rencontre with their 
cavalry, in which ours acted extremely well, and performed some feats of daring 
chivalry, they retired in good order, having had two men severely wounded and 
several horses killed. In the meantime the infantry, under the command of 
Lieutenant-Colonel Millard, and Colonel Burleson's regiment, with the artillery, 
had marched out for the purpose of covering the retreat of the cavalrj' if neces- 



88 Life of Sam Houston. 

sary. All then fell back in good order to our encampment, about sunset, and 
remained without any ostensible action until the 2ist, at half-past three o'clock, 
taking the first refreshment which they had enjoyed for two days. The enemy, 
in the meantime, extended the right flank of their infantry so as to occupy the 
extreme point of a skirt of timber on the bank of the San Jacinto, and secured 
their left by a fortification about five feet high, constructed of packs and bag- 
gage, leaving an opening in the centre of the breastwork in which their artillery 
was placed, their cavalry upon their left wing. 

"About nine o'clock on the morning of the 2ist, the enemy were reinforced 
by 500 choice troops, under the command of General Cos, increasing their ef- 
fective force to upwards of 1,500 men, whilst our aggregate force for the field 
numbered 783. At half-past three o'clock in the evening, I ordered the officers 
of the Texan army to parade their respective commands, having in the mean- 
time ordered the bridge on the only road communicating with the Brazos, distant 
eight miles from our encampment, to be destroyed, thus cutting off all possibility 
of escape. Our troops paraded with alacrity and spirit, and were anxious for 
the contest. Their conscious disparity in numbers seemed only to increase their 
enthusiasm and confidence, and heightened their anxiety for the conflict. Our 
situation afforded me an opportunity of making the arrangements preparatory to 
the attack, without exposing our designs to the enemy. The ist Regiment,- 
commanded by Colonel Burleson, was assigned the centre. The 2d Regiment, 
under the command of Colonel Sherman, formed the left wing of the army. The 
Artillery, under the special command of Colonel Geo. W. Hockley, Inspector- 
General, was placed on the right of the ist Regiment ; and four companies of 
Infantry, under the command of Lieut.-Col. Henry Millard, sustained the Artil- 
lery upon the right. Our Cavalry, 61 in number, commanded by Col. Mirabeau B. 
Lamar (whose gallant and daring conduct on the previous day had attracted the 
admiration of his comrades, and called him to that station), placed on our ex- 
treme right, completed our line. Our Cavalry was first despatched to the front 
of the enemy's left, for the purpose of attracting their notice, whilst an extensive 
island of timber afforded us an opportunity of concentrating our forces and dis- 
playing from that point, agreeably to the previous design of the troops. Every 
evolution was performed with alacrity, the whole advancing rapidly in line, and 
through an open prairie, without any protection whatever for our men. The 
Artillery advanced and took station within two hundred yards of the enemy's 
breastwork, and commenced an effective fire with grape and canister. 

" Colonel Sherman, with his regiment, having commenced the action upon our 
left wing, the whole line, at the centre and on the right, advancing in double- 
quick time, rung the war-cry, 'Remember the Alamo,' received the enemy's fire, 
and advanced within point-blank shot before a piece was discharged from our 
lines. Our line advanced without a halt, until they were in possession of the 
woodland and the enemy's breastwork, the right wing of Burleson's and the left 
of Millard's taking possession of the breastwork ; our Artillery having gallantly 
charged up within seventy yards of the enemy's cannon, when it was taken by 
our troops. The conflict lasted about eighteen minutes from the time of close 
action until we were in possession of the enemy's encampment, taking one piece 
of cannon (loaded), four stand of colors, all their camp equipage, stores, and 
baggage. Our Cavalry had charged and routed that of the enemy upon the 
right, and given pursuit to the fugitives, which did not cease until they arrived at 



Houston's PaPriotic and Devout Tribute. 89 

the bridge which I have mentioned before — Captain Karnes, always among the 
foremost in danger, commanding the pursuers. The conflict in the breastwork 
lasted but a few moments ; many of the troops encountered hand to hand, and 
not having the advantage of bayonets on our side, our riflemen used their pieces 
as war-clubs, breaking many of them off at the breech. The rout commenced 
at half-past four, and the pursuit by the main army continued until twilight. A 
guard was then left in charge of the enemy's encampment, and our army returned 
with their killed and wounded. In the battle, our loss was 2 killed, and 23 
wounded, 6 of whom mortally. The enemy's loss was 630 killed ; among whom 
were i General officer, 4 Colonels, 2 Lieutenant-Colonels, 5 Captains, 12 Lieu- 
tenants. Wounded, 208 ; of which were 5 Colonels, 3 Lieutenant-Colonels, 2 
Second Lieutenant-Colonels, 7 Captains, i Cadet. Prisoners, 730; President 
General Santa Anna, General Cos, 4 Colonels (Aids to General Santa Anna), 
and the Colonel of the Guerrero Battalion, are included in the number. General 
Santa Anna was not taken until the 22d, and General Cos on yesterday ; very few 
having escaped. About 600 muskets, 300 sabres, and 200 pistols have been col- 
lected since the action ; several hundred mules and horses were taken, and near 
twelve thousand dollars in specie. For several days previous to the action, our 
troops were engaged in forced marches, exposed to excessive rains, and the ad- 
ditional inconvenience of extremely bad roads, illy supplied with rations and 
clothing ; yet, amid every difficulty, they bore up with cheerfulness and fortitude, 
and performed their marches with spirit and alacrity. There was no mur- 
muring. 

" Previous to and during the action, my staft' evinced every disposition to l)e use- 
ful, and were actively engaged in their duties. In the conflict, I am assured that 
they demeaned themselves in such a manner as proved them worthy members 
of the army of San Jacinto. Col. T. J. Rusk, Secretary of War, was on the 
field. For weeks his services had been highly beneficial to the army; in battle 
he was on the left wing, where Col. Sherman's command first encountered and 
drove the enemy; he bore himself gallantly, and continued his efforts and activ- 
ity, remaining with the pursuers until resistance ceased. 

" I have the honor of transmitting herewith a list of all the officers and men 
who were engaged in the action, which I respectfully request may be published, 
as an act of justice to the individuals. For the Commanding General to attempt 
discrimination as to the conduct of those who commanded in the action, or 
those who were commanded, would be impossible. Our success in the action is 
conclusive proof of their daring intrepidity and courage ; every officer and man 
proved himself worthy of the cause in which he battled, while the triumph re- 
ceived a lustre from the humanity which characterized their conduct after victory, 
and richly entitles them to the admiration and gratitude of their General. Nor 
should we withhold the tribute of our grateful thanks from that Being who rules 
the destinies of nations, and has in the time of greatest need enabled us to ar- 
rest a powerful invader whilst devastating our country. 
" I have the honor to be, 

" With high consideration, 

" Your obedient servant, 

"Sam Houston, 

" Commander-in-Chief" 



90 lAfe of Sam Houston. 

In 1836, not long after the battle of San Jacinto, Hon. Thomas 
H. Benton thus spoke of Houston in his place in the United States 
Senate : 

" Of the individuals who have purchased lasting renown in this young war, it 
would be impossible, in this place, to speak in detail, and invidious to discrimi- 
nate. But there is one among them, whose position forms an exception ; and 
whose early association with myself, justifies and claims the tribute of a particu- 
lar notice. I speak of him whose romantic victory has given to the Jacinto* 
that immortality in grave and serious history, which the diskos of Apollo had 
given to it in the fabulous pages of the heathen Mythology. General Houston 
was born in the State of Virginia, County of Rockbridge ; he was appointed an 
ensign in the army of the United States, during the late war with Great Britain, 
and served in the Creek campaign under the banners of Jackson. I was the 
Lieutenant-Colonel of the regiment to which he belonged, and the first field 
officer to whom he reported. I then marked in him the same soldierly and gen- 
tlemanly qualities which have since distinguished his eventful career : frank, 
generous, brave ; ready to do, or to suffer, whatever the obligations of civil or 
military duty imposed ; and always prompt to answer the call of honor, patriot- 
ism, and friendship. Sincerely do I rejoice in his victory. It is a victory without 
alloy, and without parallel, except at New Orleans. It is a victory which the civ- 
ilization of the age, and the honor of the human race, required him to gain : for 
the nineteenth century is not an age in which a repetition of the Goliad matins 
could be endured. Nobly has he answered the requisition ; fresh and luxuriant 
are the laurels which adorn his brow. 

" It is not within the scope of my present purpose to speak of military events, 
and to celebrate the exploits of that vanguard of the Anglo-Saxons who are now 
on the confines of the ancient empire of Montezuma ; but that combat of San 
Jacinto ! it must forever remain in the catalogue of military miracles. Seven 
hundred and fifty citizens, miscellaneously armed with rifles, muskets, belt pistols, 
and knives, under a leader who had never seen service, except as a subaltern, 
march to attack near double their numbers — march in open day across a clear 
prairie, to attack upwards of twelve hundred veterans, the ////i" of an invading 
army of seven thousand, posted in a wood, their flanks secured, front intrenched ; 
and commanded by a general trained in civil wars ; victorious in numberless 
battles; and chief of an empire of which no man becomes chief except as con- 
queror. In twenty minutes the position is forced. The combat becomes a 
carnage. The flowery prairie is stained with blood ; the hyacinth is no longer 
blue, but scarlet. Six hundred Mexicans are dead ; six hundred more are pris- 
oners, half wounded ; the President-General himself is a prisoner ; the camp and 
baggage all taken ; and the loss of the victors, six killed and twenty wounded. 
Such are the results, and which no European can believe, but those who saw 
Jackson at New Orleans. Houston is the pupil of Jackson ; and he is the first 
self-made general, since the time of Mark Antony, and the King Antigonus, 
who has taken the general of the army and the head of the government captive 
in battle. Different from Antony, he has spared the life of his captive though 
forfeited by every law, human and divine." 



* Hyacinth; Lat. hyacinthus ; Sfan. huakinthus ; water flower. 



Capture of Santa Anna. 91 

y. W. Robiso7i^s Account of Santa Anna's Capture. 

" Round Top, August 5, 1881. 
" I have received a letter, requesting me to give you the particulars of the 
capture of Santa Anna in 1836. It was as follows : On the morning of the 22d, 
the day after the battle, a party was detailed and sent out under command of 
Gen. Burleson. This party proceeded in the direction of the bridge on Vince's 
Bayou. Our object was to pick up any Mexicans we could find who had fled 
from the battle the evening before, and particularly to search for Santa Anna 
and Cos. When we reached the bayou we divided into squads of five or six per- 
sons in each, and went in different directions. The party I was with consibted 
of six, all privates, so far as I know. Their names were as follows . Miles, Syl- 
vester, Thompson, Vermillion ; another, whose name I do not recollect, and my- 
self. From the bridge we started down the bayou. After travelling about two 
miles, we saw a man standing on the bank of a ravine, some five or six hundred 
yards from us. He, no doubt, saw us first, for when we started towards him he 
sat down on a high place and waited till we came up. It proved to be Santa 
Anna. I was the only one of the party that spoke the Mexican language. I 
asked him if he knew where Santa Anna and Cos were. He said, he thought 
they had gone to the Brazos. I asked him if he knew of any other Mexicans 
that had made their escape from the battle? He said he thought there were 
some up the stream in a thicket. I told him we would take him to the Amer- 
ican camp. He was very willing to go, but complained of being very tired. I 
asked if he was an officer ! ' No,' he said that he belonged to the cavalry, 
and was not accustomed to being on foot ; that he was run very close by our 
cavalry the day before and was compelled to leave his horse. When we started 
with him one of our party dismounted, and went up the ravine to look for the 
Mexicans spoken of by Santa Anna, and Santa Anna rode his horse some two 
miles up the road. The man that went up the road, finding no Mexicans, then 
came and told Santa Anna to dismount. He refused to do it, and the man then 
levelled his gun at him, when he dismounted, and asked me how far it was to 
camp. I told him eight or nine miles. He said he could not walk so far. The 
young man then wanted to kill him, and I told him so. He then said he would 
try and walk, but would have to go slow ; and so we started for camp, and the 
man got behind him, and would prick him in the back with his spear and make 
him trot for some two or three miles. Santa Anna then stopped, and, appealing 
to me, said if he wanted to kill him to do so, but he could not walk any further. 
I then took him up behind me and carried him to camp, some five or six miles 
further. After he got up behind we entered into a general conversation. He 
asked me if Gen. Houston commanded in person at the batUe ; how many we 
killed, and how many prisoners we had taken, and when they would be shot.? 
I told him I did not think they would be shot ; that I had never known Ameri- 
cans to kill prisoners of war. He said the Americans were a brave and gener- 
ous people, and asked me what I thought would be done with the prisoners. I 
told him that I did not know, but the Americans would like the younger ones 
for servants. He said, that would be very kind. He asked me how many were 
in our army at the battle. I said, some six or seven hundred. He thought I 
was mistaken ; that there must be more. I said. No ; and that two hundred 



92 Life of Sam Houston. 

Americans could whip the whole Mexican army. 'Yes,' said he; 'the 
Americans are great soldiers.' I asked him, if he was not sorry he had come 
to fight the Americans. Yes, he said, but he belonged to the army, and 
was compelled to obey his officers. I asked him, if he was back in Mexico if 
he would come to Texas any more ? He said, No ; he would desert first. 
This brought us to camp, when the Mexican immediately announced his name. 
He asked to be taken to Gen. Houston, and was taken to him. If you think 
these facts of sufficient interest, you can put them in such shape as you think 
best. " I am yours, 

" Very respectfully, 

" Joel W. Robison." 

The letter of Capt. J. A. Sylvester, stating that Santa Anna rode 
behind him into the presence of Gen. Houston, has been read, but 
we prefer to publish Col. Robison's statement, which he repeated 
to the writer and Rev. Dr. J. H. Luther, in a conversation under 
his own roof, in July, 1879. 

We subjoin from the Galveston News the following : 

" The long-talked-of event, the unveiling of the monument contributed by the 
citizens of Galveston to the brave men who fell at San Jacinto, took place at the 
Pavilion, August 25, 1881, in the presence of an audience that filled the vast 
auditorium. The rich and the poor, those of high and of low estate, were pres- 
ent, filled with one desire, to add by their presence to the tribute so tardily be- 
stowed upon the memory of sterling valor and heroic deeds. 

" The programme which had been arranged for the occasion was of peculiar 
appropriateness, and in its execution was complied with, with a faithfulness and 
promptness that admitted not of complaint. 

" A description of the monument, published in The News of the 7th of Au- 
gust, is reproduced in this connection. 

" It is a plain, square spire, with pediment cap, moulded base, and chamfered 
sub-base. It is of blue American marble, fifteen and one-half feet high, and 
when placed in its position with the foundation, will be two feet higher. Upon 
the front is a die of white marble in which is set a star and nimbus, surrounded 
by a wreath of oak and laurel leaves. Near the top is a polished band contain- 
ing eight cut stars. These were intended to represent the eight persons who 
were killed in the battle, but as since the work was completed it has been dis- 
covered that there were nine slain, another star will have to be added. The 
lettering on the base will be full, covering the three sides that now are unfilled. 
On the reverse side will be given the names of the fallen. To the right will be 
the words of Houston two days before the battle : 

'"This morning we are in preparation to meet Santa Anna. It is the only 
chance of saving Texas. From time to time I have looked for reinforcements in 
vain. Wc will only have about 700 men to march with besides the camp guard. 
We go to conquer. It is wisdom growing out of necessity to meet the enemy 
now. Every consideration enforces it. No previous occasion would justify it. 
The troops are in fine spirits, and now is the time for action. We shall use our 
best efforts to fight the enemy to such advantage as will insure victory, though 
the odds are greatly against us. I leave the results in the hands of a wise God, 



Monument to Heroes of San Jacinto. 93 

and rely upon His providence. My country will do justice to those who serve 
her. The rights for which we fight will be secured and Texas free. 

" ' Sam Houston.' 

" On the opposite or left side will appear the words of Rusk one day after the 
battle : 

'"At Camp on the Battle-Field. — This glorious achievement was at- 
tributed not to superior force, but to the valor of our soldiers, and the sanctity 

of our cause. Our army consisted of 750 effective men The sun was 

sinking in the horizon as the battle commenced, but at the close of the con- 
flict the sun of liberty and independence rose in Texas, never, it is to be hoped, 
to be obscured by the clouds of despotism. We have read of deeds of chivalry 
and perused with ardor the annals of war; we have contemplated with highest 
emotions of sublimity the loud warring thunder, the desolating tornado, and the 
withering simoon of the desert, but no one of these, nor all, inspired us with emo- 
tions like those felt on this occasion. There was a general cry which pervaded 
the ranks, " Remember the Alamo ! Remember La Bahia I," These words elec- 
trified us. Onward was the cry. The unerring aim and the irresistible energy 
of the Texan army could not be withstood. It was free men fighting against the 
minions of tyranny, and the result proves the inequality of such a contest.' 

" At the front of the die will be the name of B. R. Brigham ; on the base the 
name, ' San Jacinto.' Upon one side of the pediment will be the words, ' Re- 
member Goliad.' On the other, ' Come to the Bower,' the air to which the 
Texans marched to the fight. On the reverse of the base will be Napoleon's 
words, ' Dead on the field of Honor.' 

" It was set in the center of the stage last night, supported upon either side by 
a howitzer from the Galveston Artillery. Immediately in its rear a detachment 
of the Washington Guards were formed in a quarter circle, at ' rest on arms.' 
Four artillerymen manned each gun, standing also ' at test.' 

" At 8.30 o'clock Lindenberg's orchestra began playing an overture from Mey- 
erbeer's Huguenots. At the conclusion of the overture, the curtains were drawn, 
and the striking tableau presented. Upon the right of the monument stood Mr. 
Oscar Farish, of this city, and on the left Capt. R. J. Calder, of Richmond, 
Texas, both veterans of San Jacinto, and the latter the only surviving captain of 
the gallant little army, who fought the invaders forty-five years ago. To him 
was delegated the task of unveiling the shaft, and as he slowly lowered the flag 
the act was greeted by an outburst of applause. The band sounded the notes 
of 'Will You Come to the Bower,' the music to which the Texans marched into 
the fight, and simultaneously a salute was fired by a detachment of the artillery 
company stationed upon the beach. The whole effect of this tableau was strik- 
ingly pleasant, and served well to introduce the remainder of the exercises. The 
presence upon the stage of Calder, Farish, Sullivan, and Wood, gray-haired veter- 
ans, the link between the history of infant Texas and the era of a State's proud 
strength, bore in itself an eloquent significance. Occupying the post of honor, 
in the auditorium, sat Mrs. Martha H. Mitchell and Mrs. Calder, a wife and a 
sister of brave men who ventured all for the land they loved. With them was 
Mrs. Buchanan, a granddaughter of Lemuel Stockton Blakey, who was killed 
at San Jacinto. 

" After the unveiling, the Guards stacked arms and withdrew, and Mr. E. S. 



94 Life of Sam Houston. 

Wood, advancing' to the stand, presented Mr. Temple Houston, of Brazoria, 
youngest son of General Sam Houston, who had been invited to deliver the 
address. 

" While the defective acoustic properties of the hall prevented those in the 
rear from catching all that was said, those nearer to the speaker were permitted 
the enjoyment of a fervent yet finished tribute, which fully attested that the elo- 
quence of the sire had not been withheld from the son. Mr. Houston spoke as 
follows : 

Mr. Houston's Address. 

" ' I would wish my auditors to understand that I attribute the honor of this 
invitation, not to my personal importance, but to the fact that I happen to be the 
child of one of the soldiers at San Jacinto. The pleasure that I derive from this 
occasion is lessened by the absence of Mollie E. Moore Davis. Could I have 
stood beside her to-night, I would have felt more than honored, for I know that 
I speak the voice of my State when I say that hers is as sweet a tongue as 
ever rung the silver chimes of earthly thought. 

" ' It is a beautiful custom of free people to rear above the last resting-places of 
their heroic dead, some token commemorative of the cause in which they fell, 
and expressive of the grateful reverence felt toward them by posterity. This 
gratitude dwells in the breasts of freemen only — no real hero's monument was 
ever built by a race of slaves. The decay of monuments, the forgetfulness ot 
departed greatness, are sure precursors of a nation's fall. It is with a proud con- 
sciousness that I view the sea-girt city, the island queen, first in honoring the 
memory of our dead heroes, as she is first in population and commercial great- 
ness, wearing with the jewels of her wealth a patriotism that seems all the 
brighter for adorning the metropolis of the Southwest. While this patriotic 
reverence dwells in the hearts of our people, the flames on the altars of Texan 
liberty will never cease to burn. On an occasion like this one realizes the feeble- 
ness of language; it speaks so little of what is felt. The story of the strife in 
which our heroes fell need not be told ; history has recorded it. Their valor 
needs no eulog'y, even could my lowly lips utter such. For Fame's clarion has 
sounded their praises, and earth is the only limit of their renown. But as in the 
sheer magnitude of its results, the battle of San Jacinto has but few, if any, par- 
allels, allusion to those results may not seem improper. Never before has the sur- 
face of a land changed with such marvellous rapidity as has Texas in the last 
four or five decades. Only a few years back and the plumed and crested Algon- 
quin roamed over magnificent Texas, sole lord of its vast wastes, save where a 
few isolated missions sought vainly to weave religion's silken fetters over the 
savage mind. Yonder billows, blue and restless, dashed then as grandly against 
your level shores as now, but on their tossing bosoms floated not the freighted 
wealth of earth's nations, as does now. These same breezes, damp from dalli- 
ance with the waves, and laden with perfume stolen from the flowers, swept 
over our broad plains, but fanned not the cheek of civilized man. Our silver 
streams, rolling on to mingle their crystal waters with the stormy surges of the 
great deep, murmured as sweetly and sparkled as brightly as now, but they 
moistened not the lips of the Anglo-Saxon, and turned not a single mill-wheel; 
nor cotton nor wheat field smiled in all their valleys. The brown buffalo cropt 
undisturbed the green grass from our prairies, and the spotted deer rested un- 



Temple Houston'' s Eulogy on Texan Heroes. 95 

frightened beneath the cool shade of our forest oaks. Texas, lovely Texas, was 
as fair, as fresh, and as beautiful as was Eden when God, delighted, gazed on 
the new-born world. It was thus when came the men whose memory we to-day 
honor. These pioneers were the heralds of a new civilization — one that was 
born in the medijeval convulsions of England, nurtured under the shadow of 
Virginia's mountains, and that flashed forth freed and panoplied from the strug- 
gles of the American revolution — a civilization whose fundamental principle was 
civil and religious liberty. Coming to Texas, it rested for a moment under the 
frown of the Spanish civilization, which was developed on the glittering thrones 
of Europe, and in the torture chambers of the Inquisition. One idolized, the 
other abhorred civil and religious liberty. When the Anglo-Saxon settlements 
had attained a magnitude sufficient to invite governmental interference, the 
Mexicans adopted toward them an oppressive policy, typical of their institutions. 
This ignited the spark. You know the result; to-day is celebrative of those who 
suffered to bring them about. The conflict of the opposite types of civilization 
for the mastery of this continent was decided on the forest-fringed banks of a 
Texas stream. Never before in the history of the world were such gigantic re- 
sults intrusted to so few combatants ; but here let me say, sterner warriors or 
truer patriots than those who guarded the liberty of Texas, on that immortal 
day, never trod a battle-field. Had that little band quailed before the might of 
invading despotism, our Pacific shores might yet be unknown ; the golden wealth 
of California would yet sleep in her mountain gorges ; the silver treasures of 
Nevada would now slumber, hidden in their caverned homes ; the two oceans 
would not have shaken hands across the completed lines of railways ; the soli- 
tude of the Rocky Mountains would yet be a stranger to the shriek of the loco- 
motive, and their awful silence broken by no sound save the voice of nature, 
when spoken in the deep roar of her swollen cataracts, in the rolling peals of her 
warring storms, and in the tremendous crash of her falling ice-fields, as they 
leap from their frozen homes, and desolate the green valleys nestling far beneath. 
On earth there walk no men like the veterans who freed Texas. Only a few of 
them linger among us now, and they will be here but a little while longer. Each 
year that passes thins their ranks. A few more days and the last will be gone. 
One by one the pale messenger is calling tliem across that river whose viewless 
farther shore is wrapt in the mists of doubt, the clouds of death. They hear 
another reveille whose floating notes we can not catch. Are they gathering for 
a grander battle ? While they are among us we feel toward them with a devo- 
tion whose depth speech can never tell. No minions cringe around them, no 
servile knee is bent to them, but the homage of a free nation is the more than 
royal offering laid before them. No ducal star glitters on their breasts, no shin- 
ing coronet encircles their brows, but around their gray locks beams a glory, by 
the side of which kingly splendors are dim. Cling tenderly to these old men, 
lor when they are gone nothing like them is left. Strike down your men of emi- 
nence, to-day, those who fill your highest seats, and with a wave of your hand 
you can summon around you hundreds like them — for the gifted sons of Texas 
are many — but when one of these old warriors drops from the line, earth has none 
to fill his place. Bitterly do we know that they leave us forever, for of all the 
manly forms laid low beneath the rod of Death, none have ever risen ; of all the 
bright eyes he has closed, none have ever looked their loveliness on earth again ; 
of all the eloquent lips silenced by his hand, none have ever spoken again ; of 



96 Life of Sam Houston. 

all the noble hearts whose warm beatings have been stilled by his chilling touch, 
none ever throbbed on earth again, 

" 'The fathers of Texas have left her in the hands of another generation. Is 
it worthy of the trust ? I believe it is. As yet the burden weighs but lightly. 
But with the swift footsteps of the future there is coming an hour when banded 
gold, soulless wealth, will oppress the lowlier classes — an event that marks an 
era in every republic, when leagued capital, not claiming worth or services as its 
right to sway, but wielding as its scepter only so much yellow dust, seeks to 
force men to bow to its ignoble supremacy. It is where power passes from the 
cottage to the palace. History tells not where a republic resisted this fatal in- 
fluence. In our Republic's life that period is not a great way off. And in that 
hour Texas will need men — I am speaking now to the young men — to the 
bright-eyed boys of Texas. In that hour your State will need men, not, oh! not 
the paid politicians of the present, who seek office for its gold, and not its glory ; 
who trade in honor and traffic in eminence ! But she will need statesmen in her 
councils and warriors on her battle-fields. She will want the mighty in intellect, 
the grand in soul ; more than that — the pure in heart. Do you want an ex- 
ample }_ Look at the Texas veterans ! The mould in which the great are cast 
is yet unbroken. Let your patriotism be like that of the young Irishman serving 
in England's armies, who was mortally shot in the breast on a battle-field in 
Spain. He knew that he would die. While his life-blood ebbed fast away, he 
thought of the green fields of his country, of his cottage home, of the little fire- 
side group there that he would see never more, and while the hot tears ran 
down his boyish cheeks, he seized a goblet, and, holding it under his red and 
gushing wound until it filled with his bright blood, he lilted it on high, watched 
it glitter a moment in the sunlight, and casting it on the earth, he exclaimed : 
" O, Erin ! my country ! would to God that was shed for you !" I believe in my 
heart that the young men of Texas are worthy of the glorious burden borne by 
them. Listen not to the serpent hiss of him who would counsel State or national 
division. He that would wish to dim and divide the splendor of the Lone Star's 
beams is as little a patriot as one who would seek to shatter the constellation of 
which Texas is the brightest member. Revere the memory of your forefathers, 
follow their examples, obey their teachings, and then the deeds commemorated 
by that monument have not been performed in vain, and the hallowed soil on 
which it rests will be free forever.' 

" A march was next rendered by the band, and then Mr. C. O. Bingham es- 
corted Miss Lula Jockusch to the platform. The histrionic talent of this gifted 
young lady is well recognized in Galveston, where she has more than once de- 
lighted audiences by her rare elocution, but it is not saying one word too much 
to pronounce her recitation of Miss Mollie E. Moore Davis's poem, published be- 
low, a finished work — the true interpretation of a poetic heart fired by the genius 
of an inspiring occasion. The poem speaks for itself. Mrs. Davis — Mollie E. 
Moore — is known and loved through all Texas, and her contribution to the event 
celebrated last evening will beam among the brightest of the gems which she 
has given to the poetic literature of the South. To both writer and reader the 
warmest thanks of Galveston will go, for the gracious addition they made to the 
evening's programme. The poem is reproduced : 



Commemorative Ode of Miss M. K M. Davis, 1J7 

SAN JACINTO. 



*• • Come to the Bower,'* they sang, 

Immortal spirits, crowned with flame, 
On yonder heights of radiant bloom. 

From freedom's deathless fields they camt. 
From mountain pass and prison gloom ; 

Dyed with the blood of Marathon, 
Drenched with Salamis' bitter sea. 

From where the sun of Leuctra shone, 
And from thy rocks, Thermopylae. 

" ' Come to the Bower,' they sang. 

The old Paladins cased in mail. 
Whose standards sparkled to the mom, 

And peers and princes from the vale 
Where Roland blew his mighty horn ; 

And Scottish chiefs from Bannockbum, 
And EngHsh knights from Ascalon, 

And sturdy hearts whose memories turn 
Toward Bunker Hill and Lexington. 

" ' Come to the Bower,' they sang, 

' Come join our deathless throng and glow 
Like us, while earth and heaven shall stand. 

But yesterday the Alamo, 
Unbroken, sent its glorious band. 

And Goliad, from a reeking field, 
Passed up her heroes ! Crowned with flowers, 

Behold us ! Come with sword and shield. 
And bask in fame's immortal bowers.' 



" By San Jacinto's placid stream 

The warriors heard and, shining far, 
They saw the splendid morning gleam 

Of one. imperial, changeless star ; 
They followed where its gleaming led : 

To Hope, to Peace, to Victory, /' 

For, from beneath her martyr dead, 

Behold, a nation rose up free I 

" Lo ! now around this hallowed stone 

They press, the living and the dead, 
And banners on the air are blown, 

And quick and stirring orders sped ; 
Houston and Sherman, brave Lamar, 

Millard and Hockley close around, 
And, lo ! with steady, swinging step, 

A phantom sentry makes his round. 



* "Come to the Bower" is the air to the strains of which the Texan army 
marched into the battle of San Jacinto, and the cries which animated '.hem were: 
" Remember Goliad ' " " Remember the Alamo ! " 

7 



98 lAfe of Sam Houston, 



" * Goliad I Alamo ! ' hark, the cry 

Amid the rolling; of the drums ! 
Hark, the Twin Sisters' hoarse reply 

Upon the battle-breeze that comes 1 
Stand back ! for rank and file press by 

A-wearied, in the sunset's glow. 
And in their midst they bear on high 

The broken sword of Mexico ! 

" Texas, thou queen of States, whose crown, 
Wrought by the hands of heroes, shines 
Like some prophetic sun adown 

The glowing future's magic lines, 
Arise, and, with imperial tread. 

Draw near this consecrated place, 
And bless thiae own, thy mighty dead, 
The saviors of thy glorious race ! 

" MoLLiE E. Moore Davis. 



CHAPTER X. 

Capture of Santa Anna— Introduction of Santa Anna to Houston— Conversa- 
tion — Scene with Young Zavala — Almonte — Arrival of Government ad interim 
— Houston Leaves the Army — Goes to New Orleans for Medical Aid — The 
Cabinet Treaty with Santa Anna — Troubles — Extract from Ashbel Smith's 
Speech at Austin, 1829. 

THE Commander-in-Chief awoke the next morning after the 
battle of San Jacinto and asked, " Are we really victors, or 
is it only my dream ?" He could hardly believe that the battle 
for Independence had been fought and won. Only seven Texans 
had lost their lives, and less than thirty had been wounded. Seven 
hundred soldiers had vanquished nearly three times their number. 
Six hundred and thirty had perished on the field of battle, and of 
their number were one general officer, four colonels, two lieutenant- 
colonels, seven captains, and twelve lieutenants. Large numbers 
met their death in the morass and bayous. Two hundred and 
eighty were wounded and eight hundred taken prisoners. 

Gen. Houston sent a detachment of men at ten o'clock in the 
morning to bury the slain. The troops returned and reported that 
decomposition had taken place so rapidly that it was impossible to 
execute the order. The greatest surprise was excited. The Mex- 
ican prisoners accounted for the rapid decomposition, by resolving 
it, like the defeat of the previous day, into a malignant blast of 
destiny. 

The Texans, meantime, during the day were scouring the prairie, 
bringing in prisoners. Such as had not been taken the day previous 
were crawling on their hands and knees through the grass, which 
was everywhere four or five feet high, endeavoring in this way to 
effect their escape. 

The victors were diligently searching for Santa Anna, the Dicta- 
tor, who had not been taken. "You will find the Hero of Tampico," 
said Gen. Houston, "if you find him at all, making his retreat on 
all fours, and he will be dressed as bad at least as a common 
soldier. Examine every man you find, closely." 

About three o'clock in the afternoon. Lieutenant J. A. Sylvester 
a volunteer from Cincinnati, Joel W. Robison, now of Fayette 
Co., John Thompson, and others were riding over the prairie. 
They espied a man making his way toward Vince's bridge. They 

(99) 



100 Life of Sam Houston. 

pursued him, whereupon he fell down in the grass. Sylvester dashed 
on in the direction where he fell and his horse came very near 
trampling upon him. Disguised in a miserable rustic dress, wear- 
ing a skin cap, a round jacket, pantaloons of blue domestic cotton, 
and a pair of coarse soldier's shoes, he sprang to his feet, and without 
the slightest apparent surprise looked his captor full in the face. 
His countenance and manners showed that he belonged to a differ- 
ent class from that indicated by his coarse disguise. Beneath his 
common garb his victors espied a shirt of the finest linen-cambric. 

"You are an officer, I perceive, sir ? " said his captor, raising his 
cap politely. " No, soldier," was his reply. He then drew out a 
letter in Spanish, addressed to Almonte. Seeing that there was no 
hope of escape, he inquired for Gen. Houston. As the party with the 
captured Santa Anna rode into the Texan camp past the Mexican 
prisoners, they cried out with the greatest surprise as they lifted 
their caps, and exclaimed, " El Presidente." 

The news spread rapidly through the camp that the Dictator, 
Gen. Santa Anna, was a prisoner, and had been taken to Gen. Hous- 
ton, 

Having slept very little during the night, the General was lying 
on the ground, having fallen into a doze. Santa Anna, coming 
up behind him, took his hand. Rousing himself and turning over, 
Houston gazed up into the face of the Mexican. Santa Anna, 
laying his right hand on his heart, and extending his left arm, said, 
" I am General Antonio Lopez de Santa Anna, President of the 
Mexican Republic, and I claim to be your prisoner of war." Hous- 
ton, pointing to a box, the only seat in the camp, said, " Ah ! General 
Santa Anna, take a seat ; I am glad to see you." * Then sending for 
Almonte, who spoke English perfectly, he requested him to act as 
interpreter. Santa Anna showed by his keen glances around the 
camp, with his timid expression, the pressure of the sides of his 
breasts with his two hands, and his half-suppressed groans, that he 
was suffering severe pain. Gen. T. J. Rusk, who was present, relates 
a deeply interesting incident which occurred about this time : 

" At the time Santa Anna was brought into our camp, I was walking- with 
young Zavala, son of the noble and venerable Zavala, who distinguished him- 
self as the friend of Texan Independence. We approached him together. Santa 
Anna recognized young Zavala at once, and advanced to meet him with great 
apparent cordiality, uttering many expressions of kindness, such as are customary 
among the Mexicans on such occasions; several of which I remember. Among 
other things he exclaimed, ' Oh, my friend, my friend ! the son of my early friend ! ' 



* As reported by Major M. Austin Bryan, who interpreted before Almonte 
came up. 



Houston^ s First Interview with Santa Anna. 101 

after which, and other exclamations in the same strain, he embraced young 
Zavala, with high indications oi apparent feeling, and I think dropping a tear, 

" Young Zavala returned his greeting with that deference which would have 
been due to his former rank and power ; but at the same time, emitting from 
his countenance an expression I have scarcely seen equalled on any occasion. 
His look seemed to wither Santa Anna, and staring him full in the face, he replied 
immediately with great modesty, ' It has been so, sir.' Santa Anna evinced 
plainly that he was much mortified." 

With evident respect and grief, Almonte approached his captive 
General, who embraced him. In the meantime, Houston, lying on 
the ground, rested on his elbow. Those who were present at the 
interview relate the following as the substance of the conversation 
between the two commanders. 

After embracing Almonte and recovering entirely from his em- 
barrassment, Santa Anna, with the air of one born to command, rose 
and said to General Houston : 

"That man may consider himself born to no common destiny 
who has conquered the Napoleon of the West ; and it now remains 
for him to be generous to the vanquished." 

Houston. " You should have remembered that at the Alamo." 

Santa Anna. " You must be aware that I was justified in my course 
by the usages of war. I had summoned a surrender, and they had 
refused ; the place was then taken by storm, and the usages of war 
justified the slaughter of the vanquished." 

Houston. " That was the case once, but it is now obsolete. Such 
usages among civilized nations have yielded to the influences of 
humanity." 

Santa Anna. " However this may be, I was acting under the orders 
of my Government." 

Houston. " Why, you are the Government of Mexico." 

Sajtia Anna. "I have orders in my possession commanding me so 
to act." 

Houston. "A dictator, sir, has no superior." 

Santa Anna. " I have orders, General Houston, from my Govern- 
ment, commanding me to exterminate every man found in arms in 
the province of Texas, and treat all such as pirates ; for they have 
no government, and are fighting under no recognized flag. This 
will account for the positive orders of my Government." 

Houston. " So far as the first point is concerned, the Texans flatter 
themselves that they have a Government already, and they will 
probably be able to make a flag. But if you feel excused for your 
conduct at San Antonio, you have not the same excuse for the 
massacre of Col. Fannin's command. They had capitulated on 
terms proffered by your General ; and after the capitulation, they 



102 Life of Sam Houston.- 

were all perfidiously massacred, without the privilege of even dying 
with arms in their hands." 

It was almost impossible for Houston to restrain his indignation 
while speaking of the Goliad tragedy. Cold sweat ran off from 
his brow in streams, while his eye flashed with the fury of a wild 
beast, as he struggled violently to curb his wrath, 

Santa Anna (noticing Houston's excitement), laying his hand on 
his heart, said, " I declare to you. General, that I was not apprised of 
the fact that they had capitulated. General Urrea informed me 
that he had conquered them in battle, and under this impression I 
ordered their execution." 

Houston. " I know, General, that the men had capitulated." 

Santa Anna. " Then I was ignorant of it ; and after your asseveration 
I should not have a shadow of a doubt, if it were not that General 
Urrea had no authority whatever to receive their capitulation. And 
if the day ever comes that I can get Urrea into my hands, I will ex- 
ecute him for his duplicity in not giving me information of the facts." 

The conversation between Houston and Santa Anna was sus- 
pended for a time. At Santa Anna's request a small piece of opium 
was given to him. His marquee and luggage, and the attendance 
of his aides and servants were ordered for him by Houston, whom 
he thanked very politely, and said " it would make him very happy, 
since they were ordered by his captor." 

While these orders were in course of execution, General Almonte 
displayed a disposition to converse with Houston. 

Remarking to the victorious General, that he had been highly 
favored by fortune, he asked why he had not attacked the Mex- 
icans on the first day on which the armies met, and said, " You 
had reason to suppose we should be reinforced. And yet, if you 
had risked a battle that day you would have had another story to 
tell, perhaps, for our men were then ready to fight, and so anxious 
for the battle to come on, that we could hardly keep them in their 
ranks. Why did you wait till the next morning. General ? " 

" Well," replied Houston, " I see I was right. I knew you expected 
I should bring on the battle that day, and was consequently pre- 
pared for it. Now, if I must be questioned by an inferior officer, in 
the presence of his General, I will say, that was just the reason why 
I did not fight ; besides, I thought there was no use in having two 
bites at one cherry." 

Almonte then made some remark which ill befitted the occasion, 
and greatly irritated the wounded hero, who said : 

" You have come a great way to give us a great deal of trouble, 
and you have made the sacrifice of the lives of a great many brave 
men necessary." 



Houston's Ear of Corn and its Seed. 108 

" Oh ! " Almonte replied, flippantly; " what are six or seven hun- 
dred men? And, from all accounts, only half a dozen of your 
brave men have fallen." 

Houston replied, "We estimate the lives of our men, I perceive, 
somewhat higher than you do." Almonte politely changed his tone, 
as Houston looked sternly at him, and continued ; "You talk about 
reinforcements, sir ; it matters not how many reinforcements 
you have, sir ; you never can conquer freemen." Raising himself 
up and taking an ear of dry corn from his pocket which he had 
carried for four days, Houston held it up, and said : "Sir, do you 
ever expect to conquer men who fight for freedom, whose General 
can march four days with one ear of corn for his rations ? " The 
enthusiasm of the Texan soldiers was stirred up by the sight of 
the ear of corn. Gathering around the General, they asked him to 
allow them to divide the ear of corn. 

"We'll plant it," they said, "and call it the Houston corn." 

"Oh, yes, my brave fellows," said the General smiling, "take 
it along, if you care anything about it, and divide it among you ; 
give each one a kernel, as far as it will go, take it home to your 
own fields, where I hope you may long cultivate the noble arts of 
peace as well as you have shown yourselves masters of the art of 
war. You have achieved your independence ; now see if you can 
not make as good farmers as you have proved yourselves gallant 
soldiers. You may not call it Houston corn, but call it Sa?i Jacitito 
corn, for then it will remind 3^ou of your own bravery." The corn 
was distributed. In successive crops, it has been growing ever 
since, whether planted by the fugitives who returned to the banks 
of the Sabine, or the dwellers on the rolling prairies or fertile bot- 
toms of the Trinity, the Colorado, or the Brazos. 

Santa Anna was interested in the conversation detailed, as its 
import was made known to him by Almonte. His rage was 
aroused, and he cursed Almonte for losing the battle. His 
army was large, perfectly armed and equipped, his officers were 
skilled, his camp was filled with every luxury. He had been con- 
quered by a band of raw, undisciplined troops, incompletely 
armed, with officers destitute of most of the necessaries of life. In 
his mortification he remarked " that this was the first moment that 
he had ever understood the American character, and that what he 
had witnessed, convinced him that Americans never could be con- 
• quered." 

Although Santa Anna's marquee was near the spot where Hous- 
ton was lying, his trunks were not opened, nor was any portion of 
his baggage molested. The eyes of the civilized world were upon 
the hero of San Jacinto. He was the representative of Anglo- 



/ 



104 Life of Sam Houston. 

Saxon civilization. His men had been infuriated against the Dic- 
tator of Mexico, by the massacres of the Alamo and Goliad ; kin- 
dred of the martyred victims to liberty were in the conqueror's 
camp. They longed for revenge ; they wished to see Santa Anna 
expiate his crimes with his blood. The feelings of the soldiers 
were natural to men in their circumstances. Houston's influence 
over men, his keen foresight into the future, his thorough appreci- 
ation of the exigencies of the hour, his complete knowledge of the 
world's opinions, all were exhibited in his management of the 
great State prisoner intrusted to him, in the person of Santa Anna. 
It required extreme vigilance and superior shrewdness in detect- 
ing insubordination, to prevent assassination. Houston detected 
something wrong in the manner of an officer who had resolved to 
shoot Santa Anna, and had prepared himself for the work, as he 
was passing, on the day of the night fixed for the execution of his 
purpose. And although the commanding General had had no in- 
timation of the design from any quarter, so strong were his con- 
victions as to the settled purpose, that he beckoned to the officer to 
approach him. He conversed with him, and made him his confi- 
dant. He represented what would be the terrible consequences if 
Santa Anna were assassinated. He expressed his confidence in 
him to detect any murderous scheme projected, and his reliance on 
his vigilance. The officer pledged himself to act on his General's 
suggestion, and declared that Santa Anna should not be assassi- 
nated while he remained in the camp. He kept his word, although 
he afterward stated that at this very time, he had the arms on his 
person with which he had sworn that he would kill Santa Anna. 

Numerous were the devices by which Houston maintained dis- 
cipline over his brave, heroic, although too often wayward and 
reckless men. His methods were his own, and concealed in his 
own bosom. The belief became general that Houston was the only 
man in the world that could have kept the army in subjection, or achieved 
the independence of Texas, or preserved it after it was luon. He treated 
his prisoner rather as a guest and a gentleman than as a captive, 
and exercised the keenest vigilance over his safety. His guard 
was so disposed at night as to include the marquee of Santa Anna, 
who slept on his camp bed with every comfort he could have had 
if he had been the victor, while near by, on the earth, on his usual bed 
in camp, lay Houston, with no respite from the intense agony of 
his wound. About one inch above the ankle joint, the ball had en- 
tered, shattering the bone, and severing the muscles and arteries. 
Prostrated for months, he was worn down by fever and pain from 
this wound to the shadow of a man. 

The morning after the capture, Santa Anna asked and obtained 



Houston the Captor; Santa Anna the Captive. 105 

leave to see Gen. Houston. Elegantly dressed in citizen's garb, he 
presented himself, tendering a most respectful and cordial greet- 
ing to his host, inquiring kindly concerning his health and the con- 
dition of his wound. Houston was far differently clad. He wore 
a plain, old black coat, snuff-colored pantaloons, a black-velvet 
vest, a fur cap, a worn-out pair of boots, a scimetar of tried metal 
with a plated scabbard, a gift from Captain Joseph Bonnell, of 
Fort Jesup. The scimetar was hung about his person by buck- 
skin thongs. Such was his armory and wardrobe. A stranger 
would have taken the captive for the victor. With his usual 
courtesy, the Texan commander received his prisoner, who pro- 
posed immediately negotiations for his liberty. From the begin- 
ning to the end of Santa Anna's capture, Houston was never alone 
with him a single moment. In accordance with this line of policy, 
he immediately sent for Gen. Rusk, the Secretary of War, and to- 
gether they conversed some time with the prisoner. A propo- 
sition, written with pencil, was submitted by Santa Anna, which 
paper Gen. Rusk caused to be translated. The Mexican " Presi- 
dent " was informed that no action could be taken on his propo- 
sals, as Texas was ruled by a Constitutional Government, whose 
members had been sent for immediately after the battle. Santa 
Anna naturally desired to know where the Government was. An 
express had been dispatched to Galveston to the President, Hon, 
David G. Burnet, who was supposed to be in that place. 

Santa Anna manifested perfect willingness to act with military 
men, and exhibited great aversion against any negotiations with 
civilians. Houston and Rusk, immovable in their determinations, 
would make no terms with Santa Anna, except to receive from him 
a dispatch, ordering Gen. Filisola to depart immediately with all 
the Mexican troops, at least as far as Monterey. This order was 
tendered to Houston, without any intimation to Santa Anna that 
his life would be spared. Filisola with his command was on the 
east side of the Brazos. An officer on a fleet Andalusian courser 
had escaped from the battle-field, succeeded in reaching his camp 
and gave him the news of the disaster of San Jacinto. When he 
reached Filisola's headquarters it was night. Consternation spread 
through the camp, and the soldiers prepared for flight. To light 
up their passage across the river, the demoralized soldiers fired a 
large cotton-gin. The Texan guard of 250 soldiers ordered to ac- 
company the dispatch from Santa Anna to Filisola, pressed on by 
forced marches in pursuit of the rear guard of the Mexican army. 
Horses, mules, baggage-wagons, and sick soldiers were scattered 
along the path of the flying division, indicating the great panic 
under which the retreat had been made. To reach the Colorado, 



106 Life of Sam Houston. 

the march was through a low, flat, wet prairie. Overtaken, how- 
ever, by the pursuers, Filisola received the messengers who bore 
the flag of truce with every mark of respect, pledging himself to 
execute without delay Gen. Santa Anna's extreme orders. Asking 
leave only to take some cattle along the march, his license was 
stretched far enough to rob every living thing with which he fell in 
on his way. After his divison commenced their ordered retreat 
the Texan detachment returned to San Jacinto. Appointing three 
superior officers to execute his order, Houston ordered that a por- 
tion of the spoils should be divided equally among officers and 
men. The truth requires that incidents should be related bearing 
on the surrender of the command by Gen. Houston, caused by his 
wound, and the transfer to others. 

Not many days after the victory of San Jacinto, news of which 
had spread by expresses all over the country, the little steamer 
Yellow Stone arrived from Galveston bringing the Cabinet of the 
Constitutional Government. Houston at once surrendered every- 
thing into their hands but the money, which had already been 
divided among his gallant comrades. The Cabinet, although com- 
posed of patriotic citizens of eminence, was not personally friendly 
to Gen. Houston, with one exception, Gen. Thomas J. Rusk, the 
Secretary of War, who participated in the dangers and victory of 
the battle of San Jacinto. A proposition from Robert Potter, 
Secretary of the Navy, assigning many reasons, but alleging no 
cause, was made to dismiss the wounded, suffering, but victorious 
hero of San Jacinto from the service. Gen. Rusk, like a magnani- 
mous patriot soldier, as he was, in a spirited manner opposed and 
defeated the proposition. The Cabinet disapproved of the distri- 
bution of the $12,000 among the soldiers, who had no other means 
of compensation, and had fought only for liberty ; but no accu- 
sation was brought against the General for this distribution inas- 
much as the indignation of every man in the army would have been 
aroused. 

About the release of Santa Anna, Gen. Rusk, the Secretary of 
War, wrote to Gen. Houston for his views. The following answer 

was returned : 

" Headquarters of the Army, ) 
"Camp San Jacinto, "^^d May, 1836. > 

" I have not the pleasure to know on what basis the Executive Government 
contemplate the arrangement with Gen. Santa Anna, but I would respectfully 
suggest, that so far as I have been enabled to give my attention to the subject, 
the following points should have some weight : 

"Ihe recognition of the Independence of Texas should be a sine qua non. 
The limits of Texas should extend to the Rio Grande, and from the mouth, pur- 
suing the stream to its most nonh-western source, and from thence north-east 



Tlie Cahinet Neglect of Houston and of his Counsel. 107 

to the line of the United States. Indemnity for all losses sustained by Texas 
during the war. Commissioners to be appointed for ascertaining the fact — one 
Mexican, one Texan, and one American. The guarantee to be obtained from 
the United States for the fulfillment of the stipulation on the part of the con- 
tendmg parties. Gen, Santa Anna to be retained as a hostage, with such other 
officers as the Government may think proper, until they are recognized or ratified 
by the Mexican Government. Immediate restoration oi Texan or Mexican citi- 
zens, or those friendly to the cause of Texas, who may have been retained, with 
their property. Instantaneous withdrawal of all the Mexican troops from the 
limits of Texas. All property in Texas to be restored, and not molested by the 
troops or marauders in falling back. Cessation of all hostilities by sea and land. 
A guarantee for the safety and restoration of Mexican prisoners, so soon as the 
conditions shall be complied with. Agents to be sent to the United States to 
obtain the mediation of that Government in the affairs of Mexico and Texas." 

From all quarters where the news of the victory had gone volun- 
teers rushed forward. Many brave men, when Houston needed 
their help, coming by forced marches, failed to reach his camp in 
time. On account of his wound, the General was helpless, and 
even if he survived, it was generally believed that he would not be 
fit for service for many months. In accordance with his desire, 
and as no other man would have been acceptable. Gen. Rusk was 
appointed by the Cabinet Brigadier-General to succeed him in the 
command. Mirabeau B. Lamar was appointed Secretary of War, 
to fill the vacancy in the Cabinet. 

With no intention to preserve unpleasant reminiscences, it is just 
to state some facts which tortured the feelings, at this time, of the 
wounded and enfeebled hero. 

A Texan soldier in pursuit of the enemy, having captured the 
noble black stallion ridden by Almonte in battle, presented the 
horse to the General. The soldiers, when Houston sent him to 
parade, and to be sold for the benefit of the army, with one voice 
led him to the General, begged that he would retain him, "hoping 
that the General would be able to ride him very quickly." But he 
was not allowed to keep the horse. 

As there was no medicine in the camp, no comforts for a wounded 
man, it was necessary to visit New Orleans to secure such medical 
aid as would save his life. The steamboat was ready to sail for 
Galveston, with the Cabinet and Santa Anna and suite on board. 
Houston applied to the Cabinet for a passage. The application was 
sternly refused, and it seemed that the Commander-in-Chief was 
about to be left to die — in sight of the field of San Jacinto. Hearing 
of the circumstance, the captain of the steamboat declared that his 
boat should not leave the shore unless it carried Gen. Houston. 
He took his hands with him, and brought the wounded soldier 
aboard. A few of his staff accompanied him, but when his Sur- 



108 Life of Sam Houston. 

geon-General, Dr. Ewing, came on board, the Secretary of War 
told Gen. Houston that he would be discharged from the service 
if he accompanied Gen. Houston. When told this, Gen. Houston 
said to Dr. Ewing, " I am sorry, my dear fellow, for I have nothing 
to promise you in the future, and you know I am poor; so you had 
better not incur the displeasure of the new Secretary of War." 
The surgeon magnanimously followed his General, refusing to 
desert a friend or a brave man in the hour of need, although he 
was immediately dismissed from the army. Santa Anna wept 
when he was told that Gen. Houston was not to be a passenger, 
but when he saw him brought aboard he ran forward to him and 
embraced him with sincere joy. From the time of his transfer to 
the custody of the Cabinet, the Mexican president had not been 
allowed to pay his customary morning visit to his humane and 
courteous captor, but was subjected to the irritating and humili- 
ating surveillance of the Cabinet. It was a source of severe pain 
and mortification to the captive General to be subjected to an un- 
necessary and indelicate severity, which Santa Anna himself char- 
acterized by a harsher term. 

Gen. Houston was waited upon on the arrival of the boat at Gal- 
veston Island, where at that time there was not a framed house, by 
some volunteers who had just arrived from the United States, and 
offered any aid in their power for his comfort or honor. On this 
occasion, as on all others, he showed how well strict regard for 
law and order had fitted him to govern, and how easy it is for a 
really great man to exhibit magnanimity to his opponents. He 
exhorted these ambitious and brave men to render obedience to 
the authorities of the country, and not dishonor themselves by any 
disrespect to the Government, being assured that by honoring the 
ranks they would be qualified for the highest rights of citizenship. 
The scene witnessed when Gen. Houston parted with the army was 
extremely touching. Too feeble to speak, he wrote a touching ad- 
dress, which was read as "camp orders," as follows : 

" Headquarters, San Jacinto, May 5, 1836. 

"Comrades : — Circumstances connected with the battle of the 21st render 
our separation, for the present, unavoidable. I need not express to you the 
many painful sensations which that necessity inflicts upon me. I am solaced, 
however, by the hope that we shall soon be reunited in the great cause ot 
Liberty. Brigadier-General Rusk is appointed to command the army for the 
present. I confide in his valor, his patriotism, his wisdom. His conduct in the 
battle of San Jacinto was sufTicient to ensure your confidence and regard, 

"The enemy, though retreating, are still within the limits of Texas; their 
situation being known to you, you can not be taken by surprise. Discipline and 
subordination will render you invincible. Your valor and heroism have proved 
you unrivalled. Let not contempt for the enemy throw you off your guard. 



The Wounded Herd's Farewell to his Army. 109 

Vigilance is the first duty of a soldier, and glory the proudest reward of his 
toils. 

" You have patiently endured privations, hardships, and difficulties unappalled; 
you have encountered odds of two to one of the enemy against you, and borne 
yourselves, in the onset and conflict of battle, in a manner unknown in the an- 
nals of modern warfare. While an enemy to your independence remains in 
Texas the work is incomplete; but when liberty is firmly established by your 
patience and your valor, it will be fame enough to say, ' I was a member of the 
army of San Jacinto.' 

" In taking leave of my brave comrades in arms I can not suppress the expres- 
sion of that pride which I so justly feel in having had the honor to command 
them in person, nor will I withhold the tribute of my warmest admiration and 
gratitude for the promptness with which my orders were executed, and union 
maintained through the army. At parting my heart embraces you with grati- 
tude and affection. 

"Sam Houston, Commander-z'n-C/nef." 

The tears of the brave men fell upon their rifles, on which they 
were leaning, when this pathetic and eloquent address was read to 
them. Never were companions in arms more devoted to a chief. 

Houston applied for a passage for himself and staff on a small 
war vessel just about to sail from Galveston to New Orleans. The 
passage was refused. 

The General sent for the captain of a little American schooner 
(the Flora), lying at Galveston, and bound for New Orleans, With 
him he contracted for passage for himself and staff, to be paid for 
when he was able, as he had then not one dollar of money to ad- 
vance. Neither he nor his followers had ever received any com- 
pensation from the Government. The fugitive women and chil- 
dren, whose husbands and fathers had been slaughtered at the 
Alamo, or massacred with Fannin, had received all the funds he 
had been able to command. As the little schooner was about to 
set sail, Captain Charles Hawkins, of the Texan Navy, states that 
Santa Anna asked permission to take leave of General Houston, 
but was refused ; a poor privilege, on account of which the humili- 
ated Mexican president wept. The little schooner had a long and 
tedious voyage. Arriving at the Balize at night, she was towed up 
to New Orleans next day. For forty da3^s Gen. Houston had been 
without medicine or poultices ; the shirt he wore furnished banda- 
ges for his wounds, the bosom only remained, and part had been 
given to soldiers more needy than himself. He was supposed to 
be now in a dying state. In his feebleness he could not even be 
raised up without fainting. About eighteen miles below New Or- 
leans, in passing the " English Turn," from expresses in waiting it 
was made known that Houston was on board. This was the first 
confirmation of the news of the battle of San Jacinto. As the in- 



110 Life of Sam Houston. 

telligence spread through the city on this memorable Sunday a 
dense crowd rushed to the levee of the Mississippi River to see the 
wounded soldier. Col. Wm. Christy, his early devoted friend, with 
whom he had served as a lieutenant in his youth, had prepared for 
him every comfort which his situation required. He was eager to 
grasp the hand of his old comrade, and to extend to him a most cor- 
dial welcome. Dr. Kerr, the surgeon who had operated on his 
wounds about thirty years before, also hastened to the vessel, 
where Houston was found lying on the deck. He fell upon the 
wounded hero, and embraced him like a father. Every attention 
was given him by Drs. Kerr and Cenas, who said that if he had 
arrived a few hours later his life could not have been saved, as his 
wound had begun to show the first symptoms of mortification. 
The vessel was in danger of sinking, because of the great crowd 
present to look on the victor of San Jacinto. The pier was also so 
densely thronged that it was a long time before the General could 
be gotten ashore. An attempt had been unsuccessful to lift him 
ashore. His torture was so great that it seemed that he would die 
before it could be done. Feeling that his strength was going, ris- 
ing on his crutches with a desperate effort, he got over the gunwale 
himself. Immediately laid upon a litter, he fainted again. Bands 
of music meantime had come down to the levee and played mar- 
tial airs while the landing was being effected. Houston, who 
seemed to be dying, was placed on a cot, and borne through the 
vast throng to the hospitable mansion of his friend Christy. Here, 
a mere skeleton of disease and suffering, he found repose. 

Remaining two weeks in New Orleans, and although far from 
being out of danger, he was so anxious to return to Texas that he 
took passage on a Red River steamer, to Natchitoches. His feeble 
health could ill endure the fatigue and exposure of the journey. 
To recover his strength, he was compelled to stop several days. At 
the first moment he was able to travel, he proceeded to San 
Augustine, where he remained till he received intelligence that the 
Cabinet had made a treaty with Santa Anna, and had resolved on 
his liberation. It was also stated, at the same time, that the enemy 
was preparing for another campaign. At New Orleans, Natchi- 
toches, and San Augustine, demonstrations of great respect had 
been made, and dinners offered to him, all of which compliments 
he declined ; but when the report of the advance of the enemy had 
brought together a vast concourse of people at San Augustine, he 
was taken to the meeting resting on his crutches, and delivered so 
effective and arousing an address, that in two days one hundred 
and sixty men took up their march for the frontier. 

About this time news reached the General that the army, then at 



Houston's Moral Mule over his Ai^my. Ill 

Coleti, had dispatched Colonels Millard and Wheelock to the 
Cabinet, to demand that Santa Anna should be delivered into the 
hands of the soldiers for execution, reproaching the Cabinet for 
neglect of duty, ordering President Burnet to be arrested and 
brought to the Texan camp. The following protest against their 
proceedings was dispatched, by express, immediately by Houston, 
to the army : 

"Ayish Bayou, 26th July, 1836. 

"To THE General commanding the Army of Texas: 

" Sir :—l have just heard, through a citizen of the army, that it is the intention 
to remove General Santa Anna to the army, and place him upon his trial. I 
can not credit this statement ; it is obviously contrary to the true policy of Texas. 
The advantages which his capture presented to us will be destroyed. Disregard, 
if you will, our national character, and place what construction you please upon 
the rules of civilized warfare, we are compelled by every principle of humanity 
and morality, to abstain from every act of passion or inconsideration that is to 
be unproductive of positive good. Execute Santa Anna, and what will be the 
fate of the Texans who are held prisoners by the Mexicans — what will be the 
condition of the North Americans who are residing within the limits of Mexico ? 
Death to them, and confiscation of their property is the least that can be ex- 
pected. Doubtless torture will be added to the catastrophe, when stimulated by 
ignorance, fanaticism, and the last expiring struggle of the priesthood for power 
and dominion. Texas, to be respected, must be considerate, politic, and just in 
her actions. Santa Anna, living and secured beyond all danger of escape, in the 
eastern section of Texas (as I first suggested), may be of incalculable advantage 
to Texas in her present crisis. In cool blood to offer up the living to the manes 
of the departed, only finds an example in the religion and warfare of savages. 
Regard for one's departed friends should stimulate us in the hour of battle, and 
would excuse us in the moment of victory, for partial excesses, at which our 
calmer feelings of humanity would relent. 

" The affairs of Texas connected with General Santa Anna, as President of 
the RepubHc of Mexico, have become matter of consideration to which the at- 
tention of the United States has been called, and for Texas, at this moment, to 
proceed to extreme measures as to the merits or demerits of General Santa 
Anna, would be treating that Government with high disrespect, and I would re- 
spectfully add, in my opinion it would be incurring the most unfortunate respon- 
sibility for Texas. 

" I, therefore, Commander-in-Chief of the army of the Republic, do solemnly 
protest against the trial, sentence, and execution of General Antonio Lopez de 
Santa Anna, President of the Republic of Mexico, until the relations in which 
we are to stand to the United States shall be ascertained. 

"Sam Houston, 
" Commander-in-Chief of ihe Army." 

The effect designed by Houston was produced by this protest.. 
The trial of Santa Anna was postponed ; Texas was spared the 
odium and disgrace which a proceeding so summary and barbarous 
would have produced. Houston, removing to Nacogdoches, re- 



112 Life of Sam Honston. 

mained there, under the influence of his wound, until the fall of 
1836, not idle, but exercising constant vigilance, while the country 
was excited from a qieasi state of martial law. 

On the 14th of May, the Cabinet, perceiving that the views offi- 
cially communicated to General Rusk by General Houston were 
based on the highest and soundest principles of policy, humanity, 
and justice, in the main adopted them, and made a treaty with the 
Mexican President. 

On the first of June, President Burnet and his Cabinet were still 
at Velasco. The Texan schooner Invincible was anchored off the 
bar, in sight of the town, with Santa Anna and suite on board. 
Sailing orders had been issued to the vessel to proceed to Vera 
Cruz. Under these circumstances, Santa Anna wrote the following 
faretvell to the Texan army : 

"My Friends : I have been a witness of your courage on the field of battle, 
and know you to be generous. Rely with confidence on my sincerity, and you 
shall never have cause to regret the kindness shown me. In returning to my 
native land, I beg you to receive the sincere thanks of your grateful friend. 

Farewell. 

Aut : " Lopez de Santa Anna. 
"Velasco, isfjiine, 1836." 

All the circumstances indicate that the Mexican President 
meant at that time, while feeling that he was a free man, on board 
of a vessel under sailing orders, faithfully to fulfill the pledge in- 
volved in this brief address. Whatever was his subsequent history, 
he was manifestly in earnest at this period. 

Just, however, as the Invincible was sailing, a General arrived at 
Velasco with several hundred volunteers from the United States. 
Never having participated in the Texan struggle, with no author- 
ity to order even a drum beat in Texas, he declared that the In- 
vincible should not lift her anchor, and that Santa Anna should be 
tried and executed. General Lamar (in a voluminous paper) had 
already protested against his release, and popular feeling ran in 
the same current. 

Although the treaty had been signed, sealed, and delivered, and 
Santa Anna had it with him on board the Invincible, and the vessel 
was under sailing orders, the President ad interim, yielding to the 
clamor for a violation of public faith, countermanded the sailing 
orders, and sent a requisition on board for the Mexican President. 
Aware from the day of his capture that popular feeling ran high 
against him, and believing that his life would be in danger among 
those who would violate a solemn treaty, he resolutely refused to 
go on shore. The next day the order was repeated, and with simi- 
lar result. 



Santa Annans Unautliorized Arrest. 113 

With several armed men, Gen. Green, on the afternoon of the 3d of 
Tune, " visited the Invincible (Foote, 2d vol., p. 342) for the purpose of 
bringing off the Dictator, dead or alive. Like a brave man, Santa 
Anna remonstrated against the breach of faith, and declared that he 
would die before he left." '' All this time," says Gen. Green (Foote, 
2d vol., p. 343), "he lay on his back in his berth, and his respiration 
seemed to be exceedingly difficult." Gen. Green ordered him to be 
put in irons. "When the irons were brought within his view, the 
prisoner immediately jumped up, adjusted his collar, put on his hat, 
and stated his readiness to accompany us." Gen. Green acted in 
obedience to popular impulses, and the world sympathized with 
the universal execration of the massacres of the Alamo and 
Goliad. But the conduct of Santa Anna at least for once in 
his life, was at this time worthy of admiration. A defenceless 
prisoner, with a score of bayonets or bowie-knives at his breast, he 
surrendered at discretion to the violators of a treaty. He was not 
the first to violate the treaty of the 14th of May. 

Of this event, he said : 

" I had embarked on the Texan schooner of war, the Invincible, on the first 
of June, after addressing a short farewell to the Texans, wherein I thanked them 
for their generous behavior, and offered my eternal gratitude. And I protest 
(fifthly) for the violence committed on my person, and abuse to which I have 
been exposed, in being compelled to go ashore, merely because 130 volunteers 
under the command of Gen. Thomas Green, recently landed on the beach at 
Velasco, from New Orleans, had with tumults and threats demanded that my 
person should be placed at their disposal, which took place on the very day the 
Government received from Gen. Felisola the answer that he had strictly fulfilled 

what had been stipulated in the treaty Under these circumstances, I 

appeal to the judgment of civilized nations, to the consciences of the 'citizens 
who compose the Cabinet, and, above all, to the Supreme Ruler of the destinies 
of nations, who has placed the existence and happiness of nations on the faith 
of treaties, and punctual fulfillment of engagements." 

Gen. Houston, when informed that the constituted authorities 
had been compelled to yield to popular clamor, declared, "I would 
have regarded the faith of the nation under any circumstances, and 
before the mob should have laid hands on Santa Anna, they should 
have first drunk of my blood." 

But it was now apparent that all hopes of advantage Houston 
had borrowed from the treaty and release of Santa Anna, were des- 
tined to disappointment. Santa Anna's gratitude and sense of 
honor were the only reliance, as all his obligations had been dis- 
solved by the course taken by his enemies. 

Meantime, the Cabinet appointed Gen. Mirabeau B. Lamar 
Commander-in-Chief of the army, over the heads of Generals 
8 



114 Life of Sam Houston. 

Houston and Rusk. The army desired that the hero of San Jacinto 
should resume command, but were entirely satisfied with Gen. 
Rusk. Gen. Lamar, having resigned his post as Secretary of War, 
repaired to the army with his commission, surrounded by his staff. 
How far the change was acceptable to the army, may be inferred 
from the fact, that when the nearly i,8oo troops in camp were asked 
for a demonstration of satisfaction with the new commander, "less 
than one in eighteen voted for him (Gen. Lamar), and the rest posi- 
tively refused to serve under him." 

On the occasion of the presentation of Gen. T. J. Rusk's portrait 
in the House of Representatives of Texas, April i, 1879, Hon. 
Ashbel Smith eloquently said : 

" On the result of the battle on the field of San Jacinto, on the twenty-first of 
April, 1836, turned the decision of the question whether Texas should become 
wholly Spanish, for Santa Anna had threatened that he would put to death every 
man, woman, and child west of the Sabine who would jabber English, and the 
massacre of the Alamo and of Fannin's command at Goliad, tell how bloodily 
he was executing his diabolical threat. We are accustomed to look on Santa 
Anna as a monster of crime. It is a mistake ; he was the exponent of the race 
from Cortez and Pizarro down. As I just said, the question decided on the field 
of San Jacinto was, whether Texas should become wholly Spanish, with its 
despotism, religious and political, or a land of free institutions, with a represent- 
ative government of the people, trial by jury, the habeas corpus, free thought, 
free speech, free politics, and tree religion. But this solution of the question at 
San Jacinto has not been restricted to Texas alone; it has drawn with it, 
Arizona, New Mexico, California, and planted in this vast region American in- 
stitutions Not a few in the heat of sectional, political jealousies, have 

affected to consider San Jacinto as a sort of accidental scrimmage, in a big in- 
surrection or proniinciame7ito, in which the Anglo-Americans had the luck to 
get the better of the Mexicans. The" contest between Texas and Mexico was 
war, organized war; it was a campaign in form and in reality, closed by a de- 
cisive battle. There were about 1,300 men in the Texan army on the Colorado, 
— the hope, the sole reliance and defense of the homes, of the wives and chil- 
dren of our people. Against this slender force came rushing, like a torrent, 
Gen. Santa Anna, with an army of 10,000 men, compact, disciplined, well armed, 
supplied with an ample military chest, with unbounded confidence in their Gen- 
eral, whom they proudly styled the Napoleon of the West. Like wolves infuri- 
ated by the smell of fresh blood, the Mexicans were maddened by the gore, still 
green, of the murdered men of the Alamo and Goliad. Had Houston then and 
there given battle to Santa Anna, overwhelming numbers must have told ; the 
Texan army crushed, scattered, cut to pieces, what would, alas ! have been the 
fate of the v/omen, with their children fleeing, or attempting in vain to flee, be- 
fore the squadrons of Santa Anna ? But Houston fell back slowly, covering, 
protecting their escape. Santa Anna crowded on, became confident and care- 
less, extending his invading lines until every part of them was weak, and with 
his own chosen corps pursuing with forced marches, lest Houston should escape. 



The Battle of San Jacinto Legitimate Warfare. 115 

Thus he advanced beyond the support of his main army ; when Houston and the 
Texans suddenly faced about, giving battle to this advanced corps of the Mex- 
ican commander-in-chief, at San Jacinto, gained a decisive victory, captured 
Santa Anna himself, ended the campaign, ended the war, and achieved solid in- 
dependence for Texas. It was no lucky scrimmage, no accidental encounter ; it 
was war, war on scientific principles, culminating in triumphant success ; and we 
here, to-night, are in joyful fruition of this success." 



CHAPTER XI. 

Houston's Election to the PRESioENcy— Departure of Santa Anna for Wash- 
ington— His Conduct— Sent to Vera Cruz in a U. S. War Vessel. 

THE condition of affairs after the battle of San Jacinto was one 
of discord and confusion. Discontent was universal. The Gov- 
ernment ad interim had not been able to pursue a line of policy 
generally acceptable. The Convention which had adopted the 
Constitution at Washington in the previous month of March, had 
made provision for the crisis, and, accordingly, writs were issued 
for the election of a President by the people of Texas. Two candi- 
dates were named — Gen. Stephen F. Austin and ex-Governor 
Henry Smith. The latter was an excellent man and a patriot ; the 
former had the love of all parties, and will always be regarded as 
the father of Texas. Houston, importuned to become a candidate, 
would not consent until twelve days before the election. He de- 
sired private life. If the public councils were guided by firmness 
and wisdom he did not believe that it would be necessary to fire 
another hostile gun. Unrelentingly persecuted, his feelings out- 
raged in proportion as he had sacrificed his own interests and de- 
voted himself to the State, he hoped in retirement to be happy and 
witness his country's freedom. One motive, at last, overcame his 
disinclination to mingle in the turmoil of public life. The viru- 
lence of party ran so high, he feared that the formation of cabinets 
made of party men would endanger the stability of any adminis- 
tration. 

Without a dollar, and without credit, a government was to be 
created from chaos. He belonged to no party, he possessed the 
confidence of the masses in a remarkable degree ; believing, there- 
fore, that as parties were nearly equally balanced, and as there was 
great reason to believe that those out of power would so far em- 
barrass an administration as to destroy its efficiency, he allowed 
his name to be used, hoping to be able still to render signal service 
to the State. National enthusiasm overcame the turbulence of 
party when this announcement was made. His election was op- 
posed by a feeble clique of adventurers, who in the turbulent scenes 
of revolution, and when agitations convulsed the theatre of war, had 
(IIG) 



Houston Elected President. 117 

rushed to Texas, hoping to attract a notoriety which they had in 
vain sought for in the calmer scenes of life. 

A frontier population would not submit to the reins of govern- 
ment held by the Provisional Government of 1835, and the admin- 
istration of 1836. The people saw that at that time there was only 
one man in Texas who could sway the multitude, whose strong 
hand would steady the vessel of State through the boisterous 
surges ; that that man was Sam Houston, the hero of San Jacinto ; 
and when he consented to accept the Presidency, by acclamation 
they offered it to him. 

The rare qualities which make the great General had been dis- 
played by him. The brilliant victory of San Jacinto had been won 
by the qualities of strategy and heroism. The loftier and nobler 
qualities which fit one for a cabinet, needed to organize a govern- 
ment which would secure peace, power, and prosperity at home, 
and command the respect of civilized nations abroad, were now re- 
quired, and the sequel will prove that they were not required 
in vain. Gen. Houston was triumphantly elected ; Senators and 
Representatives of the Congress of the Republic of Texas were 
chosen at the same time.* 

On the 3d day of October, 1836, these delegates assembled at 
Columbia, and organized the first Congress of the Republic. 

The President ad i?iferi7?t, Hon. David G. Burnet, tendered his 
resignation on the morning of the 22d of October. A resolution 
was immediately passed by the Congress, " that the inauguration 
take place at four o'clock, this day," A committee was appointed 
by both Houses to wait upon the President-elect, and at four 
o'clock he was introduced within the bar of the House of Repre- 
sentatives. The oath of office was administered by the Speaker, 
who proclaimed Sam Houston President of the Republic of 
Texas. 



* Of the three candidates voted for, Sam Houston received 4,374 votes ; 
Henry Smith, 743 ; Stephen F. Austin, 587 — Total vote, 5,704. M. B. Lamar had 
a majority of 2,699 for Vice-President. The principal officers during this Presi- 
dential term were S. F. Austin, R. A. Irion, and J. Pinckney Henderson, Secre- 
taries of State ; Thomas J. Rusk, Wm. S. Fisher, Bernard E. Bee, George W. 
Hockley, Secretaries of War ; Henry Smith, Secretary of the Treasury ; S. Rhodes 
Fisher, William M. Shepperd, Secretaries of the Navy ; J. Pinckney Henderson, 
Peter W. Grayson, John Birdsall, A. S. Thurston, Attorney-Generals ; Robert 
Burr, Postmaster-General ; E. M. Pease, Francis R. Lubbock, Comptrollers ; John 
W. Moody, First Auditor ; J. G. Welshinger, Second Auditor ; Wm. G. Cooke, 
Stock Commissioner; Wm. H. Wharton, Memucan Hunt. Anson Jones, Ministers 
to the United States ; J. Pinckney Henderson, Minister to Great Britain and 
France ; W. F. Caplett, Secretary of Legation to the United States ; George S. 
Mcintosh, Secretary of Legation to Great Britain and France. 



118 Life of Sam Houston. 

Advancing to a table, he delivered an extemporaneous address, 
the product of a great mind, a far-reaching statesman; the most 
important State paper found in the early archives of Texas. 

" Mr. Speaker and Gentlemen : Deeply impressed with a sense of the 
responsibility devolving on me, I can not, injustice to myself, repress the emotion 
of my heart, or restrain the feelings which my sense of obligation to my fellow- 
citizens has inspired. Their suffrage was gratuitously bestowed. Preferred to 
others, not unlikely superior in merit to myself, called to the most important sta- 
tion among mankind by the voice of a free people, it is utterly impossible not to 
feel impressed with the deepest sensations of delicacy in my present position be- 
fore the world. It is not here alone, but our present attitude before all nations 
has rendered my position, and that of my country, one of pecuhar interest. 

" A spot of earth almost unknown to the geography of the age, destitute of 1 
all available resources, few in numbers, we remonstrated against oppression, and, i 
when invaded by a numerous host, we dared to proclaim our independence and 
to strike for freedom on the breast of the oppressor. As yet our course is on- 
ward. We are only in the outset of the campaign of liberty. Futurity has 
locked up the destiny which awaits our people. Who can contemplate with 
apathy a situation so imposing in the moral and physical world 7 No one. The 
relations among ourselves are peculiarly delicate and important ; for no matter 
what zeal or fidelity I may possess in the discharge of my official duties, if I do 
not obtain co-operation and an honest support from the co-ordinate departments 
of the government, wreck and ruin must be the inevitable consequences of my 
administration. If, then, in the discharge of my duty, my competency should 
fail in the attainment of the great objects in view, it would become your sacred 
duty to correct my errors and sustain me by your superior wisdom. This much 
I anticipate — this much I demand. I am perfectly aware of the difficulties that 
sunound me, and the convulsive throes through which our country must pass. 
I have never been emulous of the civic wreath — when merited, it crowns a happy 
destiny. A country situated like ours is environed with difficulties, its adminis- 
tration is fraught with perplexities. Had it been my destiny, I would infinitely 
have preferred the tojls, privations, and perils of a soldier, to the duties of my 
present station. .Nothing but zeal, stimulated by the holy spirit of patriotism, 
and gxiided by philosophy and reason, can give that impetus to our energies nec- 
essary to surmount the difficulties that obstruct our political progress. By the 
aid of your intelligence, I trust all impediments in our advancement will be re- 
moved ; that all wounds in the body politic will be healed, and the Constitution 
of the Republic derive strength and vigor equal to any emergency. , I shall 
confidently anticipate the establishment of Constitutional liberty. In ihe attain- 
ment of this object, we must regard our relative situation to other countries. 
f "^A subject of no small importance is the situation of an extensive frontier, 
1 bordered by Indians, and open to their depredation. Treaties of peace and 
amity, and the maintenance of good faith with the Indians, seem tome the most 
rational means for winning their friendship. Let us abstain from aggression, 
establish commerce with the different tribes, supply their useful and necessaiy 
wants, maintain even-handed justice with them, and natural reason will teach 
them the utility of our friendship. 

" Admonished by the past, we can not, in justice, disregard our national j 



Hou$ton\s Impromptu Inaugural Address. 119 

enemies. Vigilance will apprise us of their approach, a disciplined and valiant 
army will insure their discomfiture. Without discrimination and system, how 
unavailing would all the resources of an old and overflowing treasury prove to 
us. It would be as unprofitable to us in our present situation as the rich dia- 
mond locked in the bosom of the adamant. We can not hope that the bosom of 
our beautiful prairies will soon be visited by "the healing breezes of peace. We 
may again look for the day when their verdure will be converted into dyes of 
crimson. We must keep all our energies alive, our army organized, disciplined, 
and increased to our present emergencies. With these preparations we can 
meet and vanquish despotic thousands. This is the attitude we at present must \ 
regard as our own. We are battling for human liberty ; reason and firmness j 
must characterize our acts. 

" The course our enemies have pursued has been opposed to every principle 
of civilized warfare — bad faith, inhumanity, and devastation marked their path 
of invasion. We were a little band, contending for liberty — they were thou 
sands, well appointed, munitioned, and provisioned, seeking to rivet chains 
upon us, or extirpate us from the earth. Their cruelties have incurred the uni- 
versal denunciation of Christendom. They will not pass from their nation dur- 
ing the present generation. The contrast of our conduct is manifest; we were 
hunted down as the felon wolf, our little band driven from fastness to fastness, 
exasperated to the last extreme ; while the blood of our kindred and our friends 
invoking the vengeance of an offended God was smoking to high heaven, we 
met our enemy and vanquished them. They fell in battle, or suppliantly kneeled 
and were spared. We offered up our vengeance at the shrine of humanity, > 
while Christianity rejoiced at the act and looked with pride on the sacrifice. / 
The civilized world contemplated with proud emotions conduct which reflected 
so much glory on the Anglo-Saxon race. The moral effect has done more to- 
wards our liberation than the defeat of the army of veterans.) Where our cause 
has been presented to our friends in the land of our origin, they have embraced 
it with their warmest sympathies. They have rendered us manly and efficient 
aids. They have rallied to our standard, they have fought side by side with our 
warriors. They have bled, and their dust is mingling with the ashes of our 
heroes. At this moment I discern numbers around me who battled in the field 
of San Jacinto, and whose chivalry and valor have identified them with the 
glory of the country, its name, its soil, and its liberty. There sits a gentleman 
within my view whose personal and political services to Texas have been invalu- 
able. He was the first in the United States to respond to our cause. His purse 
was ever open to our necessities. His hand was extended in our aid. His 
presence among us and his return to the embraces of our friends will inspire 
new efforts in behalf of our cause. [The attention of the Speaker and that of 
Congress, was directed to Wm. Christy, Esq., of New Orleans, who sat by invi- 
tation within the bar.] A circumstance of the highest import will claim the at- 
tention of the court at Washington. In our recent election the important sub- 
ject of annexation to the United States of America was submitted to the con- 
sideration of the people. They have expressed their feelings and their wishes 
on that momentous subject. They have, with a unanimity unparalleled, de- 
dared that they will be reunited to the great Republican family of the North. 
The appeal is made by a willing people. Will our friends disregard it } They 
have already bestowed upon us their warmest sympathies. Their manly and 



120 Life of 8am Houston. 

generous feelings have been enlisted on our behalf. We are cheered by the 
hope that they will receive us to participate in their civil, political, and religious 
rights, and hail us welcome into the great family of freemen. Our misfortunes 
have been their misfortunes — our sorrows, too, have been theirs, and their joy 
at our success has been irrepressible. 

" A thousand considerations press upon me, each claims my attention. But 
the shortness of the notice of this emergency (for the speaker had only four 
hours' notice of the inauguration, and all this time was spent in conversation) 
will not enable me to do justice to those subjects, and will necessarily induce 
their postponement for the present. [Here the President, says the reporter, 
paused for a few seconds and disengaged his sword.] It now, sir, becomes my 
duty to make a presentation of this sword — this emblem of my past office. 
[The President was unable to proceed further ; but having firmly clenched it 
with both hands, as if with a farewell grasp, a tide of varied associations rushed 
upon him in the moment, his countenance bespoke the workings of the strongest 
emotions, his soul seemed to dwell momentarily on the glistening blade, and the 
greater part of the auditory gave outward proof of their congeniality of feeling. 
It was in reality a moment of deep and painful interest. After this pause, more 
eloquently impressive than the deepest pathos conveyed in language, the Presi- 
dent proceeded.] I have worn it with some humble pretensions in defence of 
my country, — and should the danger of my country again call for my services, I 
expect to resume it, and respond to that call, if needful, with my blood and my 
life." 

Gen. Houston exhibited the broad national principles on which 
he intended to govern the country, and his political fore- 
cast by the first step which he took in his administration. He 
called to his Cabinet his two most important rivals for the Presi- 
dency. General Stephen F. Austin, the sagacious and incorrupti- 
ble patriot, became Secretary of State. Ex-Provisional Governor 
Henry Smith became Secretary of the Treasury. The rancor of 
party abated under the high policy and magnanimity of these 
selections. They proved that, aiming at the public good. Gen. 
Houston had no party but his country — the whole country. 

An old trunk contained all that was worthy to be regarded as 
the archives of an independent State. Chaos had reigned every- 
where. The new Cabinet restored order. The death of Gen. Aus- 
tin a few months after his accession to office was deeply regretted 
by the people. An upright, enlightened, patriotic man, he was 
beloved by Gen. Houston, who ever ascribed to him a position on 
the apex of the pillar of true glory. 

Public business was done in an orderly and efficient manner as 
soon as Congress was completely organized. Houston found on 
his arrival at Columbia for inauguration that his former captive, 
Santa Anna, was retained about twelve miles from the seat of gov- 
ernment, a prisoner, under a guard of twenty men. The captive 
president sent a message to the President-elect, desiring to see him. 



Houston Vinits Santa Anna. 121 

Having given up nearly all hope of ever regaining his liberty, he 
did not implore his release. He desired only to see his conqueror, 
whom he had found to be a magnanimous foe. Gen. Houston was 
affected by the message. He regretted that the captive president 
had been left to drag out months of weary imprisonment, in vio- 
lation of the most solemn pledge of faith from the Government ad 
interim. He determined that the name of Texas should not bear 
the stain of dishonor. In conversation he said : " After a victory 
like San Jacinto we could richly have afforded to have been mag- 
nanimous ; now the only question is, can we afford to be just ? " 
The Government had been in a state of quasi dissolution for 
months. It had no means to support captives. Destitute of the 
comforts, and even of many of the necessaries of life, Santa Anna 
and his friends had been living on a mere pittance. Accompanied 
by several gentlemen, Houston visited the prisoner. Their meet- 
ing was affecting. After the custom of his nation, Santa Anna 
opened his arms, and advanced to meet his visitor. The large 
heart of Houston was great enough to hold even his enemies, and 
in like manner he received the captive president with open arms. 
The captive rested his head on Houston's broad breast (for he 
hardly came up to his shoulders). It is said the Mexican wept at 
the recollection of his reverses, and the Virginian wept from sym- 
pathy with the man whom he had vanquished. 

In the presence of Major W. H. Patton and others, Gen. Almonte 
acting as interpreter, Santa Anna appealed to his conqueror to in- 
terpose his power in his behalf. He had written a letter to Gen. 
Jackson, through an enclosure to Houston at Nacogdoches. A 
very kind reply had been returned by Gen. Jackson, The hero of 
New Orleans passed a high eulogium on his friend, the hero of San 
Jacinto, for his magnanimity toward his captive. Gen. Jackson 
often said that Houston would receive, as he deserved, as much 
honor from all good men on account of his considerate and kind 
treatment of Santa Anna after the victory as for the victory itself. 
" Let those who clamor for blood clamor on," said Jackson. "The 
world will take care of Houston's fame." 

, This interview occurred before Houston's inauguration as first 
Constitutional President of the Republic, but he assured the Mexi- 
can president that when he acceded to power he would remember 
him. Col. Wm. Christy and other generous men who were deeply 
interested in the honor of Texas, had, a short time before, sent to 
Santa Anna some comforts. The party dined with the Mexican 
prisoner that day, and parted. After Houston had returned to 
Columbia Santa Anna addressed Gen. Houston a communication, 
which he laid before Congress and solicited his release. The sub- 



122 Life of Sam Houston. 

ject was referred to a committee of both Houses. A report, very 
inflammatory in its character, was made. The Senate in secret ses- 
sion adopted a resolution requiring his detention as a prisoner. 
In calm, dignified terms Houston vetoed the resolution. He set 
forth the probability of his (Santa Anna's) assassination. One 
attempt had been made before Houston's arrival. The belief was 
expressed that whether Santa Anna might die from violence or 
disease, Texas would never escape the odium of his death, and that 
if he were restored to his country Mexico would be kept in commo- 
tion for years, and Texas would not be safe. 

The Senate reversed its decision, and referred the matter to the 
discretion of the President. Houston, on his own responsibility, 
determined at once to release him. As Gen. Jackson had requested 
Santa Anna, if released, to visit him, Houston promised that he 
should have an escort chosen by himself. Santa Anna returned his 
thanks by the messenger, and requested that Col. Geo. Hockley, 
Bernard E. Bee, and Major W. H. Patton might be allowed to 
attend him to Washington city. About the 25th of November 
Houston went with the escort to take his final leave of the liberated 
captive. The following paper is a copy of Gen. Houston's instruc- 
tions. It was written by Houston, and is copied from the original 
in possession of the writer of these pages. 

" Memo, for President General Santa Anna. 

" [A spirited letter to the Mexican Minister at Washington, enjoining on him obedience to 
the orders given him.] 

" In all cases, while Gen. Santa Anna admits the fact that he is a prisoner, 
let him assume the style of a President, and head of the Mexican Republic. 

" It would be well for the President General to write to General Jackson an 
official letter, which may be such as diplomacy requires, whilst he could write a 
confidential official letter to General Jackson, assuring him that he is willing to 
countenance, or to contribute to the annexation of Texas to the United States (re- 
ferring to the action of the people). In his correspondence with the General let 
him urge or solicit the General to become responsible for his making good all 
stipulations entered into by him : if this is done at the instance of General Santa 
Anna, General Jackson can be induced to furnish a national vessel of the United 
States for Gen. Santa Anna to sail in from this coast to Vera Cruz direct, or 
to render an escort to any point which may be most desirable. 

" I pledge vny?,€[( most solemnly to do all in my power in accordance with this 
plan, and my situation, to obtain the release and restoration of General Santa 
Anna and his countrymen to their homes. 

" As to the plan proposed by General Santa Anna, it is impossible to say 
what effect it would have, or that it would have a beneficial effect on the Cabi- 
net of Washington, or the people of that country whose moral and political 
opinions have weight and influence on the Government, unless previously ap- 
prised of the course proposed. 



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Houston'' 8 Instructions as to Santa Anna. 123 

" It could be left with Col. Bee whether or not, on his arrival at Washington, 
it would be proper to hand the letter referred to to the Mexican Minister. 

" It does seem to me that this course is the most safe, and certain of success, 
presenting the least difficulty of any which can be adopted, and will afford an 
opportunity for Santa Anna to reach home by January, as I will send a minister 
forthwith to Washington, with as much dispatch as possible. 

"Sam Houston. 

"Columbia, 25//^ Oct., 1836." 

After the parting the little party set out on five horses for the 
Sabine River, and thence to New Orleans. They lost their way, 
and were compelled, in regaining it, to cross the battle-field of San 
Jacinto. The bones of Santa Anna's soldiers were whitening on 
the field. Santa Anna was deeply moved. The considerate men 
who attended him, forgetting for a time the Alamo and Goliad, 
seeming not to observe his agitation, leisurely rode on, leaving the 
conquered General alone to give vent to his feelings on the field of 
his slain soldiers. 

He succeeded in reaching New Orleans, and thence proceeded to 
Washington city, where he was the guest of President Jackson, 
who sent him in an American vessel of war to Vera Cruz, His 
contemporaries represent him to have been a remarkable man, of 
perfect form, in height five feet seven or eight inches, with an in- 
tellect of high order, with quick and firm eye, with an elocution 
rich and forcible in an eminent degree, with princely manners 
and address. His face was finely formed, and head well shaped, 
but rather long. • His career showed him to have been a great man^ 
with Mexican education and principles. A circumstance occurred 
in New Orleans not creditable to him. He was accompanied by 
an escort of his own selection. He informed Gen. Bee that he 
wished to travel to Washington as became his station as President 
of Mexico, and requested him to procure $2,000 to enable him to 
travel in comfort, promising when arrived at Washington to repay 
the amount by a draft on Vera Cruz. Gen. Bee obtained the 
amount desired in New Orleans. At Washington city Santa Anna 
gave him the draft, but on his arrival at Vera Cruz caused it to be 
protested. Neither the Mexican Government nor its president ever 
paid it. Subsequently the Legislature of Texas appropriated an 
amount sufficient to reimburse Gen. B. E. Bee. 

As this was a private affair, the action of Santa Anna has no ex- 
cuse. This statement is made to show how he requited the kind- 
ness of Gen. Houston and his friends. Impartial history vindicates 
every act of Houston in his treatment of Santa Anna, while Santa 
Anna's whole career was inconsistent and a compromise of moral 
honor. 



CHAPTER XII. 

Recognition of Texan Independence— Close of Gen. Houston's First Term as 
President — Gen. Felix Huston — Efforts to Conciliate the Indians — Mira- 
BEAU B. Lamar Elected President, 

AMONG the most important matters which engaged the atten- 
tion of Gen. Houston in the beginning of his administration, 
was the feasibility of annexing Texas to the United States. 

Instructions were sent to Col. Wm. H. Wharton, Minister from 
Texas to the Government of the United States, at Washington city, 
to commence negotiations with President Jackson for annexation. 
Shortly afterward, Memucan Hunt, Esq., was sent to act in con- 
cert with Col. Wharton in promoting this important object. 

Gen. Jackson had been familiar with all the movements touching 
Anglo-Saxon occupancy of Texas. He corresponded with Gen. 
Houston, to whom he was affectionately attached. He counseled 
and advised Houston in his most important movements, even to 
the Fabian policy of retreating before Santa Anna to the field of 
San Jacinto, and if driven from there, to retreat to the Sabine, to 
the vicinity of the United States troops then stationed in Louisiana. 
Gen. Jackson exhibited remarkable caution in dealing with the 
matter of annexation ; he dispatched, in the summer of 1836, a con- 
fidential agent to Texas, who explored the Territory, rigorously 
investigated the administration of its government, associated with 
the people, and observed the character of society ; familiarized him- 
self with its resources, and made a report to the President and 
Cabinet at Washington. The President and his Cabinet became 
satisfied from this report that Texas was entitled, according to the 
law of nations, to a recognition of her independence. In the strug- 
gle of Texas for freedom. Gen. Jackson deeply sympathized. After 
independence had been achieved on the battle-field, he did not 
doubt that some day Texas would be annexed to the United 
States ; for wise reasons he did not express such an opinion, and 
would not press recognition upon Congress. He used the following 
language in his message to Congress, December 5, 1836, after pre- 
(124) 



The United States Recognize Texan Independence. 125 

senting most satisfactory reasons : " Our character requires that we 
should neither anticipate events nor attempt to control them." Re- 
ferring to annexation, he further said, " Necessarily a work of time, 
and uncertain in itself, it is calculated to expose our conduct to mis- 
construction in the eyes of the world." In another message on the 
22d of the same month, after discussing the question, he expresses the 
opinion that it would be impolitic yet to recognize Texas as an inde- 
pendent State, and proposes then to acquiesce in the decision of 
Congress. 

On the 1 2th of January, 1837, Hon, Robert J. Walker, Senator \ 
from Mississippi, introduced the following resolution before the * 
U. S. Senate : 1 

"Resolved, That the Stale of Texas, having established and maintained an 
independent Government, is capable of performing those duties, foreign and do- 
mestic, which appertain to independent governments; and it appearing that there 
is no longer any reasonable prospect of the successful prosecution of the war by 
Mexico against said State, it is expedient and proper, and in conformity with the 
laws of nations, and the practice of this Government in like cases, that the in- 
dependent political existence of that State be acknowledged by the Government 
of the United States." ^ J 

A strange and unreasonable war had been made by the American 
press, against the interests and advancement of Texan liberty. 
Popular prejudices swayed and controlled the votes of some | 
Senators. Coolly biding his time, Mr. Walker moved that his reso- / 
lution be made the order of the day for the i8th of January. When / 
that day came, other business crowded it aside. After several in-/ 
effectual efforts to decide the question, the resolution was brought 
up on the ist of March for final action. 

A brilliant and able debate occurred. The resolution of Mr. 
Walker was sustained by William C. Preston, John J. Crittenden, 
Henry Clay, and John C. Calhoun. Their mastery of the facts of 
history and persuasive eloquence, aided the Mississippi Senator in 
the achievement of the most important act of his life. Henry Clay 
spoke of Texas with the generous enthusiasm of his noble nature. 
He declared unhesitatingly, that the Constitution of the Republic 
of Texas, as a whole, was superior to the Constitution of the United 
States. Had Mr. Clay pursued the same course on the subject of 
annexation, eight years thereafter, he would probably have been 
the successor of John Tyler as President of the United States. 
The resolution was adopted by a small majority. To the efforts of 
Robert J. Walker must the success of the measure be attributed, 
and his name is now everywhere spoken of with honor and grati- 
tude. When Texas reaches the point where gratitude will take his- 



126 Life of Sam Houston. 

toric form, she will erect a monument to R. J. Walker, and place it 
conspicuously in the grand temple which she was destined to erect 
for those who signalized their friendship for her liberties, in her 
day of trial. 

The Republic, in gratitude, ordered a portrait of Wm. C. Preston, 
and a bust of Robert J. Walker to be procured for her Capitol, 

The last official act of Gen. Jackson was to put his pen to the 
paper approving the resolution, recognizing Texas as an independ- 
ent State. 

The seat of Government was removed in March, 1837, from Co- 
lumbia, on the Brazos, to, Houston. There was but one house at 
that time at the location, for it was neither village nor town. This 
house, a mere cabin just erected, served as the abode for the Presi- 
dent of the new nation. The growing grass carpeted the ground, 
which was the only floor of this new residence. From its position, 
as the highest point of navigation on Buffalo Bayou, which empties 
into Galveston Bay, Houston attracted attention, population rushed 
in, and in a short time comfortable public buildings were erected. 

In regard to the future, Gen. Houston's policy was, if possible, to 
secure annexation to the United States. The proposition for annex- 
ation had once been rejected by the Government of the United 
States. Public feeling had not reached the height of the grand 
argument for its necessity. Houston did not cherish expectations 
of the early success of this great measure. Keen-sighted and saga- 
cious statesmen saw in the consummation of annexation, that many 
elements of mutual power and prosperity would accrue to both 
countries. 

Failing to secure annexation, Houston was determined to con- 
duct the Government on such principles as would secure confidence 
abroad and inspire hope at home. He resolved, therefore, to lay 
the foundations of the Republic of Texas deep and strong ; to 
harmonize antagonistic factions, never to weaken the State with a 
public debt, to be the ruler of the nation and not of a party or a 
clique. 

In no part of his public life did Gen. Houston show the exalted 
powers of a profound statesman in a more remarkable degree than 
in the policy which governed his intercourse with the Indian tribes 
occupying the territory of Texas. As a population, they then out- 
numbered all the inhabitants of Texas. They were ferocious and 
unconquerable. The Comanches, especially savage and numerous, 
lived in the saddle, fleetly moving with their women and children, 
wherever their necessities or passions might carry them. Up to the 
present hour they are the terror of civilized people. To cultivate 
and maintain friendly relations with powerful and warlike savage 



z' 



Houston's Statesmanship. 127 

tribes on the frontier, Houston regarded as one of the chief objects 
of his administration. He had studied Indian character from his 
boyhood. His knowledge of Indian character was almost perfect. 
The letter and spirit of his treaties with savage nations he regarded 
so rigidly inviolable, that he saved the infant Republic from the 
invasions of Indians, and made them venerate and love his name. 
His correspondence with Indian tribes, some of which may be seen 
in another part of this work, exhibits a mastery of the nervous 
thought and terse language of uncultivated minds, and an adroit- 
ness in employing Indian phraseology, indicative of high genius. 
Some of his Indian talks are admirable specimens of Indian ideas 
in English words. 

He had associated with the Indians so intimately that he had at- 
tained a complete knowledge of their character. In all his negoti- 
ations with them he ever treated them on the great principles of 
humanity and justice. During his two administrations in Texas, 
he carried out his just views of intercourse with Indian tribes with 
entire success. He never experienced the slightest difficulty in 
winning their friendship, and preserving their perpetual alliance, 
whenever he had an opportunity of giving the Indians evidence 
that he intended to treat them with good faith and common justice. 
How his treatment of the Indians was regarded by those who gen- 
erously considered it, may be comprehended from the fact, that 
among the relics which survive him, is a cane of wood, brought 
from Asia Minor, on whose head in gold, is this inscription : "John 
S. Tappan to Gen. Sam Houston, of Texas, the friend of the red 
man." 

. The administration of the Government in its first years was, as 
might have been expected, a severe trial and a grand difficulty. 
There was no money in the treasury, and there was no credit on 
which to obtain loans. An army was in the field, with no means on 
which it could be supported. Still new projects were planned and 
cherished ; among them, a grand campaign against Matamoras. 
All who were jealous of the influence of the President joined in 
this scheme, so that the army now numbered 2,400 men. The com- 
mander of the army, Gen. Felix Huston, came to Houston when 
the Congress met, to obtain authority to carry out the project. 
Without money in the treasury, without fiscal means, without cur- 
rency except promissory notes struck on common paper, it was 
clearly inadvisable and impracticable to inaugurate such a cam- 
paign. To prevent disaster to the Republic in this crisis of affairs, 
the President resorted to a sagacious expedient. In the absence of 
Gen. Felix Huston, Col. Rodgers had been left in command of the 
army. He had caused it to be understood that if the volunteers 



128 Life of Sam Houston. 

did not obtain what they desired, that he would march to the seat 
of Government, "chastise the President, kick Congress out ot 
doors, and give laws to Texas," 

Gen. Houston determined to end this matter summarily. Know- 
ing that Gen. Felix Huston occasionally indulged his men in what 
he called a Saturnalia, during which occasional murders had oc- 
curred in consequence of the brutal intoxication of the men, the 
President, having also understood what was transpiring in Con- 
gress, which he never visited except at the opening or close of the 
session, directed the Secretary of War to be ready to start at two 
o'clock the next morning for the camp. The Secretary carried 
sealed orders, with all possible dispatch, to be opened and read in 
camp. By these orders the Secretary was required to furlough the 
army by companies, until it was reduced to 600 men. The first 
company was furloughed to march to Dimitt's landing on Mata- 
gorda Bay ; the second to the mouth of the Brazos ; the third to 
Galveston, and thus the process was to continue till the reduction 
was made. The opportunity was thus afforded to the volunteers to 
go to the United States by water, and free the country from appre- 
hensions. Unlimited furloughs were given, providing for recall of 
those furloughed at any time by proclamation, and that such as did 
not report within thirty days after the proclamation, should be con- 
sidered and treated as deserters. Without paying the men off, 
which was impossible with no means of payment, and instructed 
by the attempt of Gen. Washington to disband the army of the 
Revolutionary war, Gen. Houston did not attempt to disband the 
army in form, although he successfully did it in fact, and in his own 
way. Subordination had been entirely broken down. Scenes of dar-- 
ing violence constantly occurred in camp. To commit high-handed 
depredations, many lawless and desperate men were banded toge- 
ther. While Houston manifested no alarm, the whole country was 
suffering from the most serious apprehensions, and the course 
which he pursued evinced his fears. The various companies reached 
their destinations, and made their way to the United States; having 
fared roughly and seen enough of military life, having exhausted 
the courage dangerous outside of the battle-field, and fearing that 
the proclamation of the President would end their furlough before 
they could depart, — all had disappeared before the thirty days had 
expired. Thus, by a bold and sagacious policy which none but a 
man like Sam Houston would have dared to attempt, he had saved 
the Republic from the deepest peril. Gen. Felix Huston plotted 
at the capital while Sam Houston's Secretary of War successfully 
disbanded the army of which he was the commander. 

During the session of this Congress a land law was passed under 



Houstonh MiUtai'y Strategy in Peace. 129 

which serious troubles about titles have since grown up. As its 
object was speculation, many, in anticipation of enormous gains, 
voted for its passage. In one of his ablest State papers, Gen. Hous- 
ton vetoed it. The law was passed over the veto, and went into 
operation. A fruitful source of lasting litigation, it opened the 
door to all sorts of fraud. Malign and fatal fruits exhibited them- 
selves in a i(t\<i years. Reckless legislation too often characterized 
the Congresses of the Republic. The country was saved from ter- 
rible disaster by the clear mind and strong will of the firm and in- 
telligent statesman at the head of the Government. During the 
two terms of his administration as President he issued not less 
than eighty vetoes, remarkable for conservative principles and 
opinions. In the want of currency, and governed by ill-judged 
ideas of finance, a bill was passed authorizing an excessive issue of 
promissory notes. Believing that if this measure prevailed, paper 
currency would depreciate ten to one, the President promptly ve- 
toed the bill. The bad consequences were temporarily arrested, 
but under the administration of his immediate successor the bill 
was passed, approved, and abundantly fulfilled the prophecy of 
Houston. 

Alarms of Mexican and Indian invasions occasionally agitated 
the country during the year 1837, but such was Gen. Houston's 
watchfulness that no invasions of any kind occurred. The people 
confided in the administration, just recovered from the shock and 
devastation of a powerful invading army ; environed with Mexican 
and savage foes, they presented the beautiful spectacle of an in- 
dustrious and increasing population in the quiet and successful 
prosecution of the arts of peace. A proclamation, printed and cir- 
culated in English and Spanish, announced trade and commerce 
between Mexico and Texas. Trade sprang up rapidly. The tide 
of emigration began to set in gradually toward the Mexican bor- 
ders, and the frontier counties began to be repopulated. Large 
quantities of silver and merchandise, with caravans of horses and 
mules, came into Texas. Good feeling growing up continued to 
increase. Mexicans and Texans were alike anxious for peace. 
The people of Mexico had nothing to gain in battle, and had the 
renewal of hostilities been put to vote, a lasting peace would have 
blessed both countries. 

Houston's administration of his first term in the Presidency was 
eminently successful and profitable to the country. Steadily had 
the proposition for annexation been pressed upon the U. S. Govern- 
ment at Washington. Little encouragement was given to the 
Texan ministers. Houston withdrew the proposition as soon as 
he discovered that no advantage could accrue to Texas from fur- 
9 



130 Life of Sam Houston. 

ther negotiations. Foreign nations were likely to view Texas with 
ill-favor if attempts at annexation were continued with so little 
prospect of present consummation. The people generally approved 
of the withdrawal of the proposition. On the 12th December, 1838, 
the first Presidential term closed. Gen. Houston surrendered the 
keys of office with a government perfectly organized. Officers of 
ability, integrity, and economy were in charge of every department 
of the State. About $600,000 of promissory notes were in circula- 
tion. The debt of the Republic did not reach more than a million 
and a half. Peace had been established with the Indians, and 
commerce was profitable with Mexico. Promissory notes were of 
par value, a grand result of the wise government of an infant 
State. The feuds between Mexico and Texas were dying away, 
gradually and surely. At a time when there was little specie in 
the country, when no one knew how the " promissory notes " were 
to be redeemed, that the currency of the country should be good 
and adequate to general wants, was strong proof that Houston had 
conducted the Government with ability and integrity. The lan- 
guage of the people was, "As long as Old Sam is at the helm, the 
ship of State is safe." 

Extraordinary difficulties embarrassed the beginning of the ad- 
ministration. A reckless people, who had looked to the right arm 
for protection, accustomed to the unrestrained liberty of frontier 
life, had to be withdrawn from the sway of anarchy and confusion 
and placed under the firm and mild sway of constitutional law. 
Even in the older settlements, during these revolutionary times, 
the ordinary course of justice had been suspended. It was not 
strange, therefore, that these men of the period should yield restive 
obedience to the high supremacy of constitutional law. Anglo- 
Saxons have ever been examples of a law-abiding people, but the 
elements which have made them the supporters of law and order 
have also made them most lawless frontiersmen. The justice of a 
jury is slow and not always sure, hence, frontiersmen, whose homes 
in forest or on prairie, afar from the homes of their nativity, are 
not often eager to transfer their protection from a rifle which sel- 
dom misses fire to the chance of the verdict of a petit jury. The 
history of Rome and the British Isles is but the history of Texas 
antecedents. Such was the personal influence of Sam Houston 
over reckless frontier settlers, that as easily as he ruled by the stern 
despotism of a camp, he governed them by the mild sceptre of civil 
law. While such benign changes were in course of successful ac- 
complishment, and the grand structure of civil government was 
towering before the eyes of nations, petty intrigues harassed, and 
formidable combinations confronted him. Such has been the fate 



Close of Presidential Term. 131 

of all really great minds in Church and State. The same clique 
who refused him removal from the battle-field of San Jacinto, 
bleeding and comfortless, to the steamer which might bear him 
to remedies and recovery, busied themselves to undermine a 
castle which they could neither rear nor overthrow. Fruitless 
in efforts in thwarting his policy in detail, they cemented them- 
selves in one grand organization for his destruction. But as their 
efforts were failures, so let the story and chronicle of their doings 
be transferred to the oblivion to which all such factions belong. 

So warmly was Houston's conduct approved by the people, that, 
had he been eligible to the Presidency for the next term, he would 
have been the almost unanimous choice of the people. The second 
section of the third article of the Constitution of the Republic de- 
clared that ''The first President elected by the people shall hold 
his office for the term of two years, and shall be ineligible during 
the next succeeding term." 

Just before the election of his successor occurred, the two other 
candidates for the succession (James Collinsworth and Peter W. 
Grayson) died by suicide, and no other candidate was brought 
forward at this late period for the suffrages of the people. Under 
these circumstances, Mirabeau B. Lamar was elected to the Presi- 
dency, receiving 6,995 votes out of a total vote of 7,247. Some 
supposed, that with Houston's departure from office, his power 
with the people would be lost. A vast concourse, larger than 
ever had been assembled before in Texas, gathered to witness the 
closing scenes of his administration and the inauguration of a new 
President. The Inauguration Committee had made no arrange- 
ments on their programme for the delivery of his valedictory ad- 
dress. The assembled multitude, in a burst of indignation, clam- 
ored for the hero of San Jacinto. He came forward to the front 
of the Capitol. A wild shout of enthusiasm rent the sky as the 
people gazed upon his lofty, ample, and heroic form, relieved 
against the portrait of George Washington, which was suspended 
behind him. 

For three hours he held the thousands before him under the 
force of his impetuous eloquence. The scroll of the history of 
Texas was unrolled, her future policy was portrayed ; her future 
destiny, if a sound policy was pursued, was set forth in prophetic 
speech. Good faith with all nations was solemnly enjoined, indi- 
vidual and national economy was inculcated, the cultivation of 
peace with the Indians was earnestly urged, and the people were 
warned against faction and the rancor of party spirit. Instead of 
vesting hopes in annexation or treaties, he implored the people to 
rely on their own public and private virtue, and be magnanimous 



132 Life of Sam Houston. 

and just with all men and all nations. The tears streamed down 
his face as, in conclusion, he took farewell of the people he loved. 
Extending his broad arms over the people, he poured out, from his 
great heart, the benediction of a true patriot and invincible soldier. 
The vast multitude responded with tears to his tears. The still 
deep murmur of subdued feeling closed the excitement of the 
solemnly moving scene. Houston had demonstrated all the quali- 
ties of soldier, statesman, and orator, and in each character had 
placed his name on the rolls of immortality. 



CHAPTER XIII. 

The Succeeding Administration the Reverse of Houston's — Houston a Member 
OF the Texan Congress — Santa Fe Expedition and its Result — War on the 
Indians — Letter to Anthony Butler — Estimate of the Patriotism and Pub- 
lic Virtues of M. B. Lamar and D. G. Burnet. 

AFTER a retirement of about one year, during Gen. Lamar's 
administration, Houston consented to represent his district in 
the Congress of 1839-40, and again in 1840-41. In no part of his 
history did his services yield more marked proofs of good service 
in arresting the tide of evil, and even in preventing a dissolution 
of the Government. It is impossible to do him justice without al- 
luding to the policy and measures of the new administration. 

Opposition to everything pursued and recommended by Hous- 
ton was apparent in the inaugural address of the new President. 
Extermination of the Indians, hostility to annexation, the found- 
ing of a huge national bank, and the establishment of a splendid 
government, were all earnestly recommended. 

The measures for the accomplishment of these great designs 
were presented to and adopted by the compliant Congress. One 
and a quarter millions of treasury notes were appropriated for 
frontier defence, a half million of the same currency for the 
civil list, and all without a dollar on which to base the issues. For 
the extermination of the frontier tribes a regular army of two regi- 
ments was to be raised. Happily, the project to locate the capital, 
originating largely in the spirit of speculation, has been the prin- 
cipal redeeming feature in the brilliant but otherwise barren ad- 
ministration of Gen. Houston's successor. 

Confidence in the new Government was speedily lost. Depres- 
sion of currency naturally followed. While Texas was at peace 
with Mexico, in the midst of disordered finances, the President 
caused a proposition to be introduced into both Houses of Con- 
gress, to conduct an expedition to Santa Fe', through a wilderness 
and prairie, more than five hundred miles distant. Although the 
proposition was presented in both Houses at the same time, it was 
by both rejected. 

But in the face of rejection by Congress, during its recess in 
1840, the President, on his own authority, ordered the expedition, 

(i;53) 



134 Life of Sam Houston. 

and over three hundred men started on a war-like expedition to a 
distant country. The disasters of that ill-starred expedition have 
become matters of history. A Governor, a Custom-house officer, 
and a Military Commandant were all appointed by the President, 
and a Territorial Government organized. The men were captured, 
the President's plans fell into the hands of the enemy, and were a 
moving cause for the bitter cruelty with which the men were 
treated. Unauthorized by the Constitution or Congress, another 
enormous amount of " promises to pay " money was issued to sup- 
port the Santa Fe expedition. The currency of the President had 
depreciated so much that the horses on that expedition cost on an 
average one thousand dollars each. By presidential edict, the 
country was deprived of a large number of chivalrous, patriotic 
citizens, costly arms and munitions of war were abstracted from 
the public arsenal, and public wagons and means of transportation 
were appropriated. Even a piece of artillery, with the President's 
name inscribed on its breech, was dragged across the prairies, over 
that great distance, to become a trophy for the enemies of Texas, 
and illustrate the ill-judged policy of the President and degrade 
the Republic. 

Houston had left the two countries substantially at peace, but 
this expedition aroused hostilities between the two peoples, which 
otherwise might have slumbered forever. This lamentable expedi- 
tion was the sole cause, so far as can be ascertained, for the 
renewal of hostilities. Some time previous to this expedition, 
President Lamar had deputed commissioners to Gen. Arista, pro- 
posing, it is conjectured, a union of the Northern Provinces of Mex- 
ico with Texas, to form a grand power, of whose Government he 
was to be chief. Arista, taking advantage of the misconceptions 
of the President, returned commissioners. When the Santa Fe 
expedition took up its line of march from Austin, these Mexican 
commissioners were present, and witnessed the vain-glorious dis- 
play. The facts have never been disclosed whereby we may know 
with certainty what passed between the high contracting parties. 
The result is known to the world. It may be presumed that Arista 
was a party to the plan. Facts favor the presumption. A guide, 
who had long resided in Mexico, and spoke the language perfectly, 
led the expedition out of Austin. The commanding officers charged 
him with their betrayal at San Miguel and Santa Fe. He led them 
many days into the wilderness, where, when the miseries of their 
situation began to press heavily upon them, he abandoned them to 
their fate in their misfortunes, and was never heard of afterward. 
Doubtless Arista's object was to have them conducted into the wil- 
derness, and there left to perish, and, if they did not perish, informa- 



President Lamar's Unwise Schemes. 135 

tion should be given to the authorities of Santa Fe, who could 
receive, betray, and then capture them. It would be difficult to 
avoid criticism of the President for this ill-advised and unauthorized 
expedition. Passing over Gen. Lamar's plans for a national bank, 
a national road, and a matrimonial alliance with some distinguished 
public functionary of Mexico, some allusion should be made to his 
treatment of the Indians, so strongly contrasted with the wiser and 
more humane policy of his predecessors. /When his administration 
began, his first attempt was to attack the Cherokees, and drive 
them from their possessions between the Nuecas and Sabine Rivers, 
where they had been settled for a much longer time than the Texan 
colonists themselves. They were a peaceful, industrious, and profit- 
able community. The arts had made some considerable progress 
among them, and they lived nearly as comfortable as white people. 
Mexico had invited them from the United States. Great induce- 
ments had been held out, and land assigned to them. Quietly and 
inoffensively pursuing their avocations, they had settled on these 
lands. By solemn assurance, a consultation in 1835 had guaran- 
teed to this tribe undisturbed possession of their territory. Each 
member of the consultation had signed the solemn assurance. 
Recognizing the same rights and guarantee, Houston and other 
commissioners had subsequently made a treaty with the tribe. The 
consultation ratified this treaty, and its validity was recognized by 
every form of authority known to bind Indians and white people. 
While hostilities existed between Mexico and Texas, Houston and 
Rusk prevented them from aiding the enemy. Having made great 
advances in civilization during Houston's administration, they re- 
garded "Texans" as friends, and Sam Houston as their "father." 
Upon such a people, called " Houston's pet Indians," President 
Lamar commenced a war of extermination, with a force of 700 men, 
part of whom had fought at San Jacinto. Of course, he carried 
ruin to the homes of the poor red man, as his force was five times 
superior to theirs. In consequence of this treatment of the Chero- 
kees and other tribes, scenes of rapine and murder spread from the 
Red River to the Rio Grande. It was vain, then, to expect frontier 
protection from the President's two regiments of regulars on the 
field. Such a policy toward the Indians could not have operated 
otherwise than disastrously. 

The course pursued amid the disorders which prevailed in Yuca- 
tan, was no less derogatory to the good character of the new Repub- 
lic. Yucatan, an integral part of Mexico, without proclaiming 
revolt or independence, sent a Minister to President Lamar, for the 
purpose of forming a treaty of alliance. Without concurrence of 
the Senate, or ratification of the treaty, the President ordered the 



136 Life of Sam Houston. 

Texan navy to sail to the coast of Yucatan. A true history of the 
second administration of Gen. Houston as President demands 
these allusions to the administration which intervened. The con- 
trast is not one involving the question of patriotism, but one involv- 
ing the question of political sagacity. 

The condition of the Republic at the close of President Lamar's 
administration was deplorable. Outrages had been committed 
upon peaceful Indian tribes, and the flames of savage war had been 
kindled all along the borders of Texas. A hostile marauding ex- 
pedition had been sent into the very heart of the Mexican provinces. 
The little Texan navy had been sent to aid a revolting territory in 
making war upon Mexico, and Mexico was rousing all her force for 
a new invasion. The national debt had quadrupled ; the public 
treasure had been so unskillfully managed, that Texan securities 
had depreciated from o?ie to ten for one ; mail routes had been 
broken up ; profligacy prevailed, and orderly and patriotic citizens 
began to regard the Government as virtually dissolved, and the 
country reduced to the very verge of ruin. 

How different was the state of affairs two years before. Houston 
had overcome all difficulties then in the way of the advancement 
of Texas. Domestic and foreign relations, finances, and the admin- 
istration of law, agriculture, and commerce were in sound, peaceful, 
and flourishing state. In no portion of the world had a civil gov- 
ernment ever been established and consolidated in so short a space 
of time. Brave and true men surrounded Houston, and participated 
in the glory of the victory of San Jacinto ; equally brave and true 
men surrounded him in the administration of civil affairs, and 
shared in the honors of success. 

Before Gen. Lamar's term of service had expired, all who con- 
templated seriously the gloomy condition of the Republic, turned 
their eyes once more to Houston. Twice had he saved the country, 
and now for the third time was he called to the helm of State. 
Once more the lawless and the desperate began to fear the result 
of their crimes. It was not necessary for a Convention to nomi- 
nate him. As he believed that the Republic and its Government 
could be saved, he came forward to the rescue, and by an almost 
universal feeling that he was the only man who could save Texas, 
and as he had led to victory and independence at San Jacinto, he 
was made President for a second time, in the very first hour when 
the Constitution would allow it. Nor did he enter upon his second 
term one moment too soon, if the events of the times furnish a key 
to the situation. A memorable scene illustrating the fact that there 
was never a time when Houston could not obtain a hearing, oc- 
curred. A stormy debate was about to close with the adjournment 



National Disaster from Univise Counsels. 137 

of Congress si?ie die. Members declared that they had lost all hope 
of carrying on the Government, and that they would close the farce 
by retiring to their homes. In the midst of the tempest Houston 
arose and addressed the speaker. Members dropped their hats and 
gradually resumed their seats. The house was soon full, and the 
members quiet and still. Before ten minutes had elapsed, the rich 
deep voice which had rung out clearly over the field of San Jacinto, 
was all that could be heard. The result only can give the true idea 
of the effect of the speech. He read a resolution "that the House 
adjourn till to-morrow morning at the usual hour." Not a member 
voted against the resolution ; crowds flocked around him, and even 
some of his old enemies seizing his hand, thanked him for saving 
the country. The feeling was universal that but for him the Gov- 
ernment would have been dissolved. It is quite certain that his 
efforts saved it from impending disaster. The following letter ex- 
hibits the times : 

"Austin, 2d Feby., 1841. 

" My Dear Sir : — I would have written to you long since, but the truth is 
that I have nothing interesting or agreeable to advise you of. We have been in 
session for months, and little of advantage has resulted to our country from the 
session. We are in a bad box, and I fear it is locked upon us ! We are in 
debt — we have nothing to pay with. It will be impossible for the Government 
to go on without the most burthensome taxes. Yes, so much so that the people 
can not get money sufficient to pay them ! What is to become of us, God only 
can tell. All human wisdom, or at least Texan wisdom, seems to fail us. We 
have many patriots in Texas, as well as Congress, but it seems that every 
measure proposed by those most able in finance can not devise a plan by which 
the nation is to be extricated from its present difficulties ! The exertion of all 
the talents and industry of the people will be necessary to restore us to the situ- 
ation in which the present adnimistration found the country. But we must 
turn our eyes to the only subject that claims the attention of the people. We 
must cultivate our soil, raise our crops, rear our cattle, and everything that will 
make us comfortable and independent when we are at our homes. We will still 
be a people, if we can not be a Government, though I hope devoutly we will re- 
main a people and a nation. The truth is, that useless extravagance and the 
most unprincipled profligacy have characterized the present administration. 
Recklessness, the most palpable and barefaced, has been practiced to such an 
extent that they can neither blush for their crimes, nor relent at the calamities 
which they have inflicted upon a generous, poor, and confiding people. 

" When things get to the worst they must mend, as the old adage goes. Our 
situation, if the adage is true, must soon be in a better condition. I hope this 
may be the case ! I can not see how we would, or could, be in a worse condi- 
tion. 

"The sole object of is to insure, to secure, his re-election. And the 

country has to pay for his experiment ; but he ought not to presume too far upon 
the forbearance of an injured and oppressed people. He has, as you will see by 
the newspaper enclosed, had recourse to ttovelty, as well as the ranks of his op- 



138 Life of Sam. Houston. 

ponents, for men to sustain his pro tcm. situation. I have been assured that 
Judge Terrell will not accept the Secretaryship of State, as it was made without 
his consent or knowledge. 

"The day was when it was reputable to hold a place in the Cabinet. Those 
days are gone by, and days must pass ere we shall see those times again. 

" We are to adjourn on Thursday next, so say both Houses of Congress. 
God knows, we are doing no good by staying here. Congress meets too often, 
and does too much. The printing of Congress would break any nation, and 
when it is done, the country has paid for a beautiful batch of law-suits ! I hope 
to pass by you in a few days, and will call if it is in my power. 

" Thine truly, 

"Sam Houston. 

"Col. Anthony Butler." 

But this chapter must not close without placing in history the 
opinion of one of the most able and distinguished men who has served 
Texas in any capacity — of Mirabeau B. Lamar and David G. 
Burnet. Hon. Ashbel Smith says in his "Reminiscences of the 
Texas Republic": 

" The age of chivalry could never have shown a more knightly paladin, a more 
princely troubadour than Mirabeau B. Lamar. He knew not the emotion of per- 
sonal fear, the stern simplicity of his love of justice was never marred by a selfish 
motive. David G. Burnet united the perfidium ingenium of the Scotch char- 
acter, with the unbending sternness of principle of an old covenanter. Old John 
Knox would have hugged such a character with grim delight. It does not de- 
tract from the virtues of these gentlemen that neither of them possessed eminent 
administrative ability, nor in a high degree that knowledge of human nature, and 
tact in managing men, which inferior men often acquire ; nor that political wis- 
dom and statesmanship accorded to but few, but still indispensable in moulding, 
forming institutions, and in conducting public affairs during periods of transition 
and danger." 

Ill-health, overwork, and a sensitive nature, induced President 
Lamar to ask for leave of absence during the last year of his term. 
Vice-President D. G. Burnet, formerly President ad i?iterim, acted as 
President during his absence, and to the close of his term. 



CHAPTER XIV. 

Gen. Houston's Second Presidential Term— The Exchequer System of Finance 
— Annexation — Rumors of Invasion by Mexico — Veto of Bill to make him 
Dictator — The Excitement — Appeal to the Great Powers for Recognition 
OF Independence. 

ON the 13th of December, 1841, Gen. Sam Houston was inaugu- 
rated, for the second time, as President of the Republic of 
Texas.* The Government was now in a greatly worse state than 
when he took its reins five years before. The body politic had 
fallen into premature and inflammatory decay, not a disease merely, 
but a relapse. He had formed a Government out of chaos ; it was 
his work now to save it from ruin. Millions in debt, the treasury 
was empty, and without credit on which to borrow another dollar. 
The money had been wasted while the debt still hung over the Re- 
public ; the promissory notes and liabilities of the Government had 
depreciated teti to one, payment postponed, but not repudiated. 

In such a sad state of finances Gen. Houston proposed a new 
currency, called the exchequer system, the entire issues of which were 
not to exceed $200,000. For the redemption of this currency, he 
asked Congress to guarantee the customs of the country, and cer- 
tain tracts of land amounting to about three millions of acres. An 
act had passed, through his agency while in Congress, declaring 
these lands not subject to location. Members of Congress were 
unwilling, however, to pledge lands, as such a course would inter- 
fere with private interests, but they were quite willing to hypothe- 
cate the customs. Opposition, rank and fierce, combined against 

*At the election held in September, 1841, 11,531 votes were polled ; Sam Hous- 
ton received 7,915 votes, David G. Burnet 3,616 votes, for President. Edward 
Burleson received 6,141 votes, and Memucan Hunt 4,336 votes, for Vice-President. 
The following were the leading officers during this Administration : Anson Jones, 
Secretary of State ; George W. Hockley and George W. Hill, Secretaries of War 
and Navy ; William H. Daingerfield and James B. Miller.Secretaries of the Treas- 
ury ; George W. Terrell and Ebenezer Allen, Attorney-Generals ; Asa Brigham, 
Treasurer ; Francis R. Lubbock and James B. Shaw, Comptrollers ; Charles 
Mason, Auditor ; John P. Borden and Thomas William Ward, Commissioners of 
the General Land Office ; James Reiley, Isaac Van Zandt, and J. Pinckney Hen- 
derson, Ministers to the United States ; Ashbel Smith, Minister to France ; 
William Henry Daingerfield, Minister to the Netherlands, Belgium, and the Hanse 
Towns ; Charles H. Raymond, Secretary of Legation to the United States. 

(1^9) 



140 Life of Sam Houston. 

the President, composed of many of the same elements which had 
attempted to rule him before, and had only brought the country 
near to ruin. The opposition aimed to control the appointments 
under the new administration. All such efforts to constrain his 
policy were, as they had been before, ineffectual and fruitless. 
From among the most enlightened and firm statesmen of Texas, he 
chose for his Cabinet officers, men in whom, not only he, but the 
country, reposed unlimited confidence. Hon. Anson Jones (the last 
President of the Republic) became Secretary of State ; Col. G. W. 
Hockley (a warm patriot and a devoted friend of Houston in all 
his struggles). Secretary of War and Marine ; Hon. William H. 
Daingerfield, Secretary of the Treasury ; and Hon. G. W. Terrell, 
Attorney-General. Multitudes of broken-down speculators and 
politicians from the United States, hopeless of winning distinction 
in the new field which they had chosen, continually flocked to Texas 
and joined the ranks of those who had declared openly that they 
would ruin Houston's administration, even if revolution ensued, 
and zealously devoted themselves to the ruin of the young Repub- 
lic. Having marked out his policy, calmly and steadily he moved 
on to its execution. The annexation of Texas to the United States 
was the first measure which engaged his attention ; to aid in its 
accomplishment, he dispatched a minister to Washington to open 
negotiations. If annexation failed, his next object was to secure 
from Mexico the recognition of the independence of Texas. If he 
failed in both objects, he was resolved, in order to secure the peace, 
extend the commerce, and advance the prosperity of Texas, to open 
negotiations with France or England, and form a treaty or enter 
into an alliance. His next movement was to recall from Yucatan 
the little navy which President Lamar had dispatched thither to 
help on a revolt. A wide coast and a broad sea, and a country ab- 
solutely stripped of all defences, were open to the depredations of 
the enemy. Mexico had every provocation in the Santa Fe expedi- 
tion, and the league with Yucatan, to renew hostilities. The amity 
which had subsisted between Texas and the Indian tribes, had been 
broken by the outrages committed. When, therefore, an irruption 
from the frontier, or an invasion from Mexico, might at any time 
be reasonably expected, in this exposed condition of the country, 
Houston recommended Congress to raise a company of sixty men 
to protect the archives, as there was then no military force in the 
field. Congress refused to adopt the recommendation and grant 
the needed subsidies, and adjourned the 5th of February. The seat 
of Government having been removed from its temporary location 
at Houston to its permanent site at Austin, the President started 
for Houston to bring his family to Austin, and in the early part of 



Interest in U. S. fo7^ Cause of Texas. 141 

March, while at Galveston, he heard of the invasion of Texas by 
the Mexican commander Vasquez. The deepest alarm spread 
throughout the country on receipt of this intelligence. Families, 
all along the western border, were seen flying from their habita- 
tions toward the interior. The wildest apprehensions stirred the 
public mind. The enemy had provocation in the follies and disas- 
ters of Santa Fe and Yucatan. Another Alamo or Goliad slaughter 
might terrify the whole people, with a coast without protection and 
no army prepared to oppose an invader. In this state of panic, all 
the intrigues and conspiracies against Houston suddenly ceased. 
Everywhere, committees of vigilance and safety were organized ; 
the various means resorted to in revolutionary times were called 
into requisition. They were now most active in stimulating their 
neighbors to prepare for approaching disasters, who recently had 
been foremost in threatening to overthrow Houston's administra- 
tion in the storm of a revolution. The orders of the President at 
this time showed that he did not believe that the enemy would long 
remain in the country. In fact, the Mexicans, after committing 
outrages upon the citizens of San Antonio, had already made a 
precipitate retreat across the Rio Grande. 

Great sympathy was displayed at this time by the newspapers of 
the Western and Southern States of the Union, for the cause of 
Texas. The reported invasion by Vasquez and the miscarriage of 
the Sante Fe expedition, had produced a sensation. Relying on 
this, Houston made an appeal to the American people. Agents 
were sent to the United States to receive contributions and procure 
volunteers. A proclamation was issued, in which it was distinctly 
required that all troops which came should be perfectly armed and 
provisioned for a campaign of six months. Texas had no means 
of arming troops ; notwithstanding, several hundred volunteers 
came to Texas without arms and without provisions, in direct vio- 
lation of the proclamation. At a public meeting in Georgia, some 
generous individuals raised something over $500. Besides this sum, 
all the arms, ammunition, provisions, equipments, and money raised 
throughout the United States and reported to the Government of 
Texas, did not amount to $500. Contributions were merely nomi- 
nal. An extra session of Congress was called to meet in June, to 
consider the state of the country, and devise means for national 
defence. So general prevailed the impression that, if anything 
should be done, it should be done quickly, that Congress debated 
and legislated without much formality or delay. Congress passed 
a bill investing Houston with dictatorial powers, and appropriat- 
ing ten millions of acres of the public domain to carry on a cam- 
paign. Without a dollar in the treasury to compensate agents for 



142 Life of Sam Honston. 

disposing of the land, this bill came no nearer making a provision 
for war than a " resolution to appropriate ten millions of acres of 
blue sky, and conferring dictatorial powers on the north wind." 

The will of the Congress was certainly good enough, and mem- 
bers undoubtedly thought that they had acquitted themselves like 
men. Will without means is worthless. While the bill was under 
discussion, it was apprehended that Houston would veto it, as he 
was the last man to make use of dictatorial powers in resisting the 
encroachments of a dictator. The excitement became intense as 
the time for constitutionally keeping the bill in his possession had 
nearly expired. Angry and desperate men filled the capital, whose 
noisy clamor excited the country. The executive was assailed with 
various accusations, and threats of violence were made in every 
quarter, and he was even told that if he vetoed the bill, his life 
would pay the forfeit. Apprehending his assassination, his friends 
gathered about him, and begged him not to hazard a veto, in the 
belief that it would result in his own and his country's ruin. Few 
of his friends, for two weeks, dared openly to approach the Presi- 
dent's house, but secretly went there under the shadow of night. 
In the meantime, assassins lurked around his dwelling. It is said 
that even his Cabinet officers talked of resigning. While a storm 
raged which could be resisted by few men, the President was cheer- 
ful and calm. No guard was stationed around his house ; no spies 
were on the alert. What was said in Congress or done on the 
streets was not inquired after. The blinds and windows of his 
house were wide open as usual. Often was he seen walking across 
his parlor, cheerfully conversing with his family. His young wife, 
one of the most accomplished and gifted of women, whom he had 
married in 1840, and of whom more full mention will be made here- 
after, confidently reposed upon his character, and sustained him 
trustingly and calmly, by her placid and intellectual conversations. 
The cheerful voice of his wife, mingling with the tones of the harp 
and the piano, was heard issuing from the open windows of the 
President's dwelling, long after the lights had been extinguished 
through the town, and sullen, desperate, armed men were gathered 
in secret meetings 10 plot and counterplot. 

The crisis was terrible ; Sam Houston was equal to it. No act 
of his eventful life gave such indubitable evidence that nature had 
lavished upon him all those gifts which make up the really great 
man, as this one. In his own chosen time he sent his veto to 
Congress. 

In that veto he demonstrated to members of Congress how ut- 
terly and totally they had failed to accomplish the object for which 
he had called them together. Without making provision for carry- 



Houston Restores Public Confidence. 143 

ing on a war, they had declared against a powerful and organized 
foe. The means to buy a pound of powder were not at the com- 
mand of the President. He assured them, that if they would 
provide the means for a campaign, if necessary he would head it 
himself. No army could be prepared to take the field without money, 
and all attempts at hostilities without money — the true sinew of 
war — would only serve to bring universal contempt down upon 
the Republic of Texas. To confer unlimited powers upon the chief 
magistrate of the country was too dangerous to be established as 
a precedent. While they were warring against dictatorial powers 
in a neighboring State, he would never accept the prerogatives of 
a dictator. Universal calm succeeded the publication of the veto, 
and he now became the idol of the people who so recently had been 
covered with maledictions. Confidence was restored. Houston 
successfully crushed one open rebellion by going to the scene and 
calling out the militia. Desperadoes, finding that a man who could 
not be trifled with, was at the head of affairs, soon disbanded. 
With a new set of men in office, justice efficiently administered, and 
economy observed, the supremacy of law was again restored. And 
although an enormous debt had been imposed upon the country, 
which would take a long time to discharge, yet men began to feel 
again proud of their Government, as public credit was in process 
of restoration. Another important matter evinced the wisdom and 
magnanimity of the President. His first message after his inaugu- 
ration had hardly been delivered, before the news arrived of the 
capture of the Santa Fe expedition. The fatal results of the policy 
of his predecessor were his first greeting in office. Immediately he 
began to plan for the redemption of the unfortunate men, who had 
been deluded away into the wilderness. The lives of Texan sol- 
diers were as dear to him as if they had been his own children. To 
effect the liberation of the Santa Fe prisoners, he left no resource 
untried. He appealed to all friendly powers to mediate for their 
release. After the news of their capture had arrived, the Congress 
of Texas adjourned, without passing an act or resolution whereby 
the President might be aided in restoring them to their liberty. 
Having gone to Santa Fe in violation of the law of nations, and 
with no constitutional authority from their Government, they had 
been given up as doomed men. Thus they were thrown on Hous- 
ton's hands. The terms of their capitulation was his only reliance. 
Even if they had been outlaws before, he insisted that their capitula- 
tion had brought them within the pale of civilized warfare.* After a 



* The correspondence of the Secretary of State of the United States, Daniel Web- 
ster, aided materially in the liberation of the Santa F6 prisoners. — Vide letter to 
Hon. IVadJy Thompson, July 8, 1842. 



144 Life of Smn Houston. 

series of negotiations, whose history reveals stirring scenes and 
vigorous efforts, these brave but misguided men were liberated. 
The Mier expedition also possessed a history connected with those 
times, the authentic account of which has never been published. 
This is not the place for such a history in detail. 

Up to this time, Mexico continued to threaten a grand campaign 
against Texas, but had not dared to meet the revolted province 
since their overwhelming defeat at San Jacinto. Predatory bands 
of Mexicans had made repeated invasions with two apparent 
objects — to harass the country which they could not subdue, 
and to pay, with the spoils of robbery, the arrearages due from 
the treasury of Mexico to their soldiers. The tyranny of dictators 
had lost forever to Mexico the dominion of Texas. Mexicans 
themselves were the worst foes to the tyrant whose supremacy at 
his capital could only be maintained by the presence of troops. 
Should he leave his capital his dominion ceased, and another dic- 
tator would be proclaimed. This contemptible system of pillage 
and robbery of a Republic which had successfully won and main- 
tained its independence had lasted long enough. But the Great 
Powers of the world had been slow" in acknowledging this inde- 
pendence. President Houston' caused his Secretary of State to 
make an honorable appeal to these Great Powers to secure the 
acknowledgment of the independence of the Republic of Texas. 
The document, which is herein inserted, shows clearly the condi- 
tion of Texas, and corrected many false impressions which had 
been made in other countries in reference to the struggles of the 
Republic. It gained the sympathy and respect of Sir Robert Peel 
and M. Guizot, who exhibited ever afterward a lively interest in 
the fortunes of Texas: 

"Department of State, Texas, i 

"Washington, Oct. 15, 1842.4 

" I am instructed by his Excellency, the President, to submit for your con- 
sideration and action a subject of general concern to civilized nations, but 
of peculiar interest to Texas, viz. : The character of the war at present waged 
by Mexico against this country. The President is led to believe, from the nature 
of the facts involved, that this step will be deemed not only admissible but en- 
tirely proper. The civilized and Christian world are interested in the unim- 
paired preservation of those principles and rules of international intercourse, 
both in peace and war, which have received the impress of wisdom and human- 
ity, and been strengthened, through a long course of time, by the practice and 
approval of the most powerful and enlightened of modern States, To these 
rules, in their application to the pending difficulties between this Republic and 
Mexico, your attention is respectfully invited. 

" Whenever a people, separate and sovereign in their political character, are 
admitted into the great community of nations, they incur responsibilities and 



Appeal to European Powers. 145 

contract obligations which are reciprocal in their character, and naturally bind- 
ing upon all the members of this community, the extent and force of which de- 
pend upon that code of ethics which prescribes the reciprocal duties and obliga- 
tions of each sovereign member. Hence arises the right to control the mode of 
warfare pursued by one nation toward another, and the corresponding duty of 
providing against the perpetration of acts at variance with the laws of humanity, 
and the settled usages of civilized nations. 

" In view of the character of hostilities, at present waged by Mexico against 
Texas, and of those principles which have been, in the opinion of this govern- 
ment, so frequently and so flagrantly violated by our enemy, the hope is confi- 
dently indulged by the President that the direct interference of nations mutually 
friendly will be extended to arrest a species of warfare unbecoming the age in 
which we live, and disgraceful to any people professing to be civilized. 

" The course of conduct uniformly observed by the government and people of 
Texas towards our enemy, stands in palpable contrast with their manifold enor- 
mities and wanton aggression, and will, it is confidently expected, furnish abun- 
dant ground for the exercise of the right of interference now invoked. 

" It has now been nearly seven years since the Declaration and the establish- 
ment of the Independence of this Republic. During the whole of this time, 
Mexico, although uniformly asserting the ability and determination to re-subju- 
gate the country, has never made a formidable effort to do so. Her principal 
war has consisted of silly taunts and idle threats, of braggadocio bulletins and 
gasconading proclamations. All her boasted threats of invasion have resulted 
in nothing more than fitting out and sending into the most exposed portions of 
our territory petty marauding parties, for the purpose of pillaging and harassing 
the weak and isolated settlements on our western border. 

" Since March last, no less than three incursions of that character have been 
made, none of which have continued longer than eight 'days. TheTfr^^/ party 
was composed of artillery, infantry, rancheros, and Indian warriors, in all about 
700. Their attack was made upon the defenceless town of San Antonio. The 
second, consisting of about 800, attacked a party of about 200 emigrants at Li- 
pantillan. They were repulsed with loss, and retreated out of the country. The 
last, under Gen. Wall, of about 1,300, attacked and took San Antonio the second 
time, by surprise, during the session of the District Court. His force was com- 
posed of regulars, rancheros, and Indians. The Indians employed by the Mex- 
icans are fragments of bands originally from the United States, but now located 
within the limits of Texas. This government has always refused to employ the 
services of Indians, when tendered, against Mexico, and has sought every pos- 
sible means to mitigate, rather than increase, the calamities of war. Persisting 
in this effort, the President has had recourse to the present measure, with a hope 
to subserve the cause of humanity. Should this effort fail, the government must 
resort to retaliatory measures, growing out of our peculiar situation, which are 
to be deprecated by every Christian and generous feeling. The rulers of nations 
are responsible for their preservation, and, as a last resort, must adopt a just re- 
taliation. What is most to be deplored in a war of this character, is that the 
unoffending and defenceless become victims of the most relentless cruelty. 
War, in its most generous and noble aspect, is accompanied by great calamities. 
Nations are not benefited by it, and it must be productive of great individual suf- 
ferings. But when individuals and nations are exasperated by repeated wrongs. 
10 



146 Life of Sam Houston. 

even cruelty itself may be rendered tolerable, if it be used as retaliation for in- 
juries long endured. The massacres and cruelties which have been inflicted 
upon Texas, since the commencement of her revolution, have been responded to 
by a generous forbearance, but that can not be expected longer to exist. 

" The object of Mexico, in her course, can not be misunderstood. By incur- 
sions of the character complained of, the spirits of our husbandmen and farmers 
are depressed — the cry of invasion is kept up, and the excitement incidental to 
war prevents emigration, and embarrasses our resources, by deterring men of 
enterprise and capital from making importations of goods into our country. 
This, for a time, may avail her something, but the aggregate of human suffering 
will be a poor recompense for the advantages she may gain. The origin, 
genius, and character of the people of Texas, are guarantees for her ultimate 
success. Nations that contribute to her advancement will command her grati- 
tude. Never, since 1836, has Mexico attempted anything like a general invasion 
of the countrj', or conducted the war upon any plan calculated to test the supe- 
riority of the two nations on the tield of battle, and bring the war to a close by 
the arbitration of arms. Her hostile demonstrations, thus far, have consisted, 
exclusively, in the clandestine approach of small bands of rancheros from the 
valley of the Rio Grande, for plunder and theft, but sometimes associated with 
fragments o*" the Mexican army, composed for the most part of convict soldiery, 
fit for nothing either honorable in enterprise or magnanimous in conduct. The 
people of Texas, being, for the most part, agriculturists, engaged in the tillage 
of the soil, the consequences of this predatory system of warfare have been to 
them extremely vexatious and harassing, without in any degree hastening the 
adjustment of the difficulties existing between the parties. Entirely different is 
the general character of the Mexican population. They are literally a nation of 
herdsmen, subsisting, in a great measure, on the proceeds of their flocks and 
herds. They can move about from place to place, and make their homes wher- 
ever inclination or convenience may prompt, without detriment. 

" Hitherto, the conduct and disposition of the Government and people of 
Mexico have been diametrically opposed to those manifested by the people of 
Texas. While the one has been depredating upon the property and dwellings 
of our exposed and defenceless frontier, murdering the inhabitants in cold blood 
or forcing them away into a loathsome, and too often fatal, captivity, incitmg 
the murderous tribes of hostile Indians, who reside along our northern border, 
to plunder our exposed settlements, stimulating to the most cruel and barbarous 
massacres, and inhuman butcheries, even of our defenceless women and chil- 
dren, and to commit every excess of savage warfare— the other, animated by the 
hope of a further resort to arms and their attendant calamities, for injuries re- 
ceived, returned forbearance. 

" The President has sought to abstain from the effusion of blood, and in that 
aim has uniformly restrained the impetuosity and calmed the excitement of his 
countrymen, so often aroused by a course of conduct which violates every right 
both private and national, and a cruelty and depravity which would disgrace the 
darkest ages of feudal barbarism. The popular impulse might have been turned 
upon the enemy on their own soil. The result might have proved that a free 
people, burning with vengeance long restrained, could levy a heavy retaliation. 

" Such being the character of hostile operations against Texas, on the part of 
our enemy, which being plainly violative of every principle of civilized or honor- 



Tlie Repuhlic does not fear Mexico. 147 

able warfare, and, at the same time, so little calculated to achieve the professed 
object of the war — the re-conquest of Texas, the President confidently hopes 

the Government of will feel not only justified, but even called upon, to 

interpose its high authority and arrest their course of proceedings, and require 
of Mexico either the recognition of the Independence of Texas, or to make war 
upon her according to the rules established and universally recognized by civil- 
ized nations. If Mexico believes herself able to re-subjugate this country, her 
right to make the effort to do so is not denied, for, on the contrary, if she choose 
to invade our territory with that purpose, the President, in the name of the peo- 
ple of all Texas, will bid her welcome. It is not against a war with Mexico 
that Texas would protest. This she deprecates not. She is willing at any time 
to stake her existence as a nation upon the issue of a war conducted on Chris- 
tian principles. It is alone against the unholy, inhuman, and fruitless character 
it has assumed, and still maintains, which violates every rule of honorable war- 
fare, every precept of religion, and sets at defiance even the common sentiments 
of humanity, against which she protests, and invokes the interposition of those 
powerful nations which have recognized her independence, 

" The Government of this Republic has already given an earnest of its dis- 
position to consult the wishes of other nations, when those wishes do not con- 
flict with the general interests and convenience of the country. Fully appre- 
ciating the friendly sentiments of those Powers which have acknowledged the 
Independence of Texas, and relying much upon their ability and influence in 
securing an early and permanent adjustment of our difficulties with Mexico, the 
President, in compliance with the desire of those nations, expressed through 
their representatives to this Government, revoked the late proclamation of 
blockade against Mexico, and thus removed every cause of embarrassment to 
those nations in their intercourse with our enemy. Having thus yielded the op- 
portunity of retaliating upon our enemy the many injuries we have received at 
her hands, the President feels less reluctance in making this representation, and 
invoking the interposition of those nations to put an end to a mode of warfare 
at once disgraceful to the age, so evil in its consequences to civil society, so re- 
volting to every precept of the Christian religion, and shocking to every senti- 
ment of humanity. 

"G. W. Terrell, 
• Attorney-General and Acting Secretary of State." 



CHAPTER XV. 

Impressions Produced by the Appeal to the Great Powers— Annexation— Cor- 
respondence WITH Hon. Mr. Van Zandt — Attitude of the United States — 
France and England — Views and Position of President Tyler. 

THE press of the United States teemed with calumnies against 
the Texan people and their intrepid leader. The appeal for 
recognition and interposition was received, and read with surprise 
and mortification by the press. But this paper so clearly unfolded 
the merits of the Texan struggle as to receive profound attention 
from the Cabinets of Washington, London, and Paris. Powerful 
and widely circulated. American papers had impressed their preju- 
dices and their intelligence upon the leading journals of England 
and France. The people of Texas were regarded as a band of 
outlaws. Beyond a tardy recognition of independence other na- 
tions hardly ventured. Their ministers scarcely uttered a word of 
encouragement or sympathy to the agents of Texas in Europe, 
The appeal indicated a high veneration for justice, lofty regard 
for national honor, a distinct recognition of the claims of humanity 
and Christian principle, not inferior to all the characteristics of 
civil liberty which marked the progress and the intercourse of the 
leading governments of the world. It is said that Peel and Guizot, 
on reading this appeal, declared that it would have done credit to the 
bravest nation and most enlightened statesmen of the race. The ar- 
chives of Texas show that, immediately afterward, an honorable ri- 
valry sprung up in the English and French Cabinets for the cultiva- 
tion of friendly relations with Texas. The ministers of those nations 
accredited to the Texan Government received instructions to em- 
brace every opportunity for winning the regard and friendship of 
the Republic, hence every effort was put forth by vigilant ministers 
and keen-sighted diplomatists to gain for their sovereigns the con- 
trol of the commerce and political fortunes of Texas. To prevent 
the final union of Texas with the United States became a matter of 
vast consequence to England and France, and, as an independent 
power, no barriers could prevent her ultimate advancement. But 
the tendency of affairs toward annexation with the United States 
was watched with vigilance and alarm. Diplomatic, commercial, 
(148) 



Negotiations f 07^ Annexation. 149 

and financial machinery were employed to avert what was clearly 
foreseen would prove detrimental to all English and French in- 
terests on the Western Continent. Houston controlled negotia- 
tions. Motives of personal aggrandizement could not constrain or 
coerce him to adopt the policy of England or France. Had that 
policy prevailed, the map of the United States would present dif- 
ferent boundaries, and the power of the United States a different 
aspect. 

In proportion as Texas was spurned from the embrace of 
the United States, the British and French Cabinets redoubled 
their exertions to prevent annexation. The Congress of the 
United States still held aloof from legislation, plied by threats, 
awed by clamor, and blinded by falsehood and prejudice. The 
minds of the friends of Texas in the Union were filled with 
timidity and apprehensions. But President John Tyler and his 
Cabinet were not indifferent spectators of the moving drama. 
Whatever opinion may be entertained respecting the wisdom of 
President Tyler's administration in other matters, there can be 
but one opinion, that he pursued a most enlightened, sagacious, 
and true American policy in the affair of annexing Texas to the 
United States. With vigilance, activity, and a thorough under- 
standing of the merits of the question, he strove to consummate 
the vastly important measure of annexation at the earliest possible 
moment. Throughout his administration he was true to his policy 
on this question. He steadily and firmly pursued his purpose, un- 
awed by popular clamor, and unseduced by the minions who sought 
to eclipse his fame. Temporarily, his reputation may have suf- 
fered with both of the political parties then existing, but the time 
has come when the important consequences of that great act, 
whose consummation is so largely due to him, has become ap- 
parent to the whole American people. 

In the meantime negotiations were conducted in London by Hon. 
Ashbel Smith with the most consummate ability, and England and 
France did interfere. The friendly offices also of the Cabinet at 
Washington city were tendered, but exerted but little influence 
with Mexico. 

The policy of Gen. Houston on this important subject may be 
inferred from a dispatch from the Department of State of Texas 
to Hon. Mr. Van Zandt, Charge d'Affaires of the Republic at 
Washington city, dated July 6, 1843, an extract from which is 
herewith presented. Whether our Government would ever consent 
to annexation on fair and equal terms was to him exceedingly 
doubtful. In this state of doubt, and whatever may have been his 
private feelings, he was resolved to maintain the most friendly re- 



150 Life of Sam Houston. 

lations. If Texas should be spurned from the embrace of the 
United States, he was for placing the Republic in such an attitude 
that she might fall back upon a treaty with a powerful ally. Texas 
could thus claim protection from her foe, and might advance rap- 
idly to power under a policy made liberal by interest. The 
extract is as follows : " The United States having taken no definite 
action in this matter, and there being now an increased prospect 
of an adjustment of our difficulties with Mexico, the Preside n 
deems it advisable to take no further action at present in reference 
to annexation, but has decided to await the issue of events now in 
progress, and to postpone that subject for future consideration and 
for such action as circumstances may hereafter render most expedi- 
ent for the interests of the country." 

Gen. Houston's negotiations with the Washington Cabinet 
caused some little jealousy with the English and French Ministers 
resident in Texas. Not regarding it probable that a treaty of an- \ 
nexation would soon be consummated, he instructed Mr. Van Zandt 
to defer all further action for the time being. The following ex- 
tracts from instructions forwarded to Mr. Van Zandt December 
13, 1843, will set forth the reasons for Houston's policy : 

"The interposition of foreign friendly governments, by which an armistice 
has been established between Texas and Mexico, and the prospects ot a perma- 
nent peace with that power given, has been extended by the particular govern- 
ments mostly influential in obtaining these most desirable results, chiefly with a 
view that in the event of Mexico's agreeing to acknowledge the independence 
of Texas, she should continue to exist as a separate and independent nation. 
The great object and desire of Texas is the establishment of a permanent and 
satisfactory peace with her enemy, and for this purpose the good offices of these 
powers have been asked and obtained, and the object sought for, through their 
intervention, appears now on the eve of being realized. 

" This intervention and these good offices have been gratuitously and uncon- 
ditionally given, and although Texas is entirely free to pursue any course she 
may please in future, the President thinks that, in the present state of our foreign 
relations, it would not be politic to abandon the expectations which now exist 
of a speedy settlement of our difficulties with Mexico through the good offices 
of other powers, for the very uncertain prospect of annexation to the United 
States, however desirable that event, if it could be consummated, might be. 
Were Texas to agree to a treaty of annexation, the good offices of these powers 
would, it is believed, be immediately withdrawn, and were the treaty then to 
fail of ratifkation by the Senate of the United States, Texas would be placed in 
a much worse situation than she is at present, nor could she again ask or hope 
for any interposition on her behalf, either by England or France ; and without 
our consequent supposed dependence upon the United States, might again re- 
turn to the apathy and indifference towards us which have always until now char- 
acterized that government. Texas would then be left in the same situation she 
was two years since, without a friend, and her difficulties unsettled. 



6 



England and France Jealous of Annexation. 151 

• " This Government is duly sensible of the very friendly feelings evinced by the 
President of the United States in the offer to conclude a treaty for the annexa- 
tion of this country, but from all the information which he has been able to ob- 
tain in relation to the views and feehngs of the people of the United States he 
is induced to believe that its approval by the other branches of that Government 
would be, if not refused, at least of very uncertain attainment at this particular 
time ; therefore, and until such an expression of their opinion can be obtained as 
would render this measure certain of success, the President deems it most proper 
and advantageous to the interests of this country to decline the proposition for 
concluding a treaty. In making a communication of this determination to the 
Government of the United States, it will be proper to inform that Government 
that whenever the Congress or Senate of the United States shall throw wide 
open the door to annexation by a resolution authorizing the President of that 
country to propose a treaty for the purpose, the proposition will be immediately 
submitted to the representatives of the people of this country, and promptly 
responded to on the part of its Government. The present determination of the 
President on this subject does not proceed from any change in his views of the 
general policy of the measure, bui from a change m the relations of this coun- 
try with other powers." 

Knowing that England was pressing her powerful and friendly 
offices upon the Republic, the Cabinet at Washington was alarmed 
on receiving these instructions for the suspension of negotiations 
on the subject of annexation. The difficulties between England 
and the United States growing out of the Northeastern and Oregon 
boundaries proved abundantly that prejudicial consequences might 
ensue from allowing England to gain a foothold on our southern 
frontier. Fearing the result, President Tyler lost no opportunity 
to instruct his Secretary of State to assure the Texan Government 
of his earnest desire to consummate annexation. Under President 
Lamar's administration the question of annexation had been al- 
lowed to sleep. President Houston strove to pursue a discreet 
course in regard to it after his re-election. He was placed in a 
position of extreme delicacy. Any imprudent act or movement 
might prove exceedingly hazardous to the interests of the country. 
Occupied earnestly for some time in securing annexation, he had 
wisely kept his own counsel. Parties were taking strong ground 
for and against annexation in the United States, and it was doubt- 
ful till the presidential election in November, 1844, which party, 
that which rallied under the honored names of Henry Clay and 
Theodore Frelinghuysen for President, or that other party which 
supported " Polk, Dallas and Texas," was the stronger. The tariff 
and Texas made up the staple of the political eloquence which 
came from the lips of John J. Crittenden, Sergeant S. Prentiss, 
James C. Jones, and others known as mighty in speech among the 



152 Life, of Sam Houston. 

masses on one side, and Robert J. Walker, Henry Stuart Foote, 
Jefferson Davis, and others equally as powerful on the other side. 
Free soil and the abolition of slavery were the watchwords of a 
small party destined in a future day to be masters of the situation, 
and sway the destinies of the United States. 

The election of 1844 settled the policy of the Cabinet and Senate 
at Washington city. 



CHAPTER XVI. 

Secret Message to the Texan Congress on Annexation. 

BUT it required other negotiations and much correspondence 
before the question of annexation was settled at the ballot- 
box. The following secret message was transmitted to the Con- 
gress of the Republic : 

"Executive Department, ) 
"Washington, January 20, 1844. ) 

"To THE Honorable the Senate and House of Representatives : 

" Connected with our present condition our foreign relations are becoming' 
daily more and more interesting, and it seems to me that the representatives of 
the people should anticipate the events which may in all probability occur. 

" To suppose that both branches of the Honorable Congress were not aware 
of the important and absorbing questions which it is believed will agitate the 
Congress of the United States connected with the fate of this country, would be 
to doubt their intelligence. The Executive, therefore, relies upon the delibera- 
tive wisdom and decision of the representatives of the people to give him all the 
aid in their power to conduct the affairs of Texas to such an issue as will be 
promotive of its interests as a community, and at the same time gratifying to 
the people. Heretofore he has carefully abstained during his present admin- 
istration from the expression of any opinion in reference to the subject of an- 
nexation to the United States. And in submitting this communication he does 
not think it becoming in him now to express any preference. It will be per- 
ceived by the Honorable Congress that if any effort were made on the part of 
this Government to effect the object of annexation, which is so desirable, and it 
should fail in meeting responsive and corresponding action on the part of the 
United States, it might have a seriously prejudicial influence upon the course 
whichEngland and France might otherwi'^e be disposed to take in our favor. 
And a failure on our part after a decided expression could not but be mortifying 
to us, and to a great extent diminish our claims to the confidence of other 
nations. It would create distrust on their part toward us, because the oppo- 
nents of our interests would allege there was no stability in our purposes, and 
therefore unsafe in other nations to cultivate very intimate relations with us, or 
•even to maintain those which now so fortunately exist. They might apprehend 
that after the lapse of a few more years, Texas having acquired increased im- 
portance from their triendlyaid and good offices, would be induced again by the 
agitation of the same question in the United States to apply for admission into 
the Union, and that by possibility it might be effected. Hence the utmost cau- 
tion and secrecy on our part as to the true motives of our policy should be care- 
fully observed. 

(153) 



154 Life of Sam Houston. 

" Were the interest now manifested, both in the United States and Texas, in 
relation to annexation, to pass off without producing any material change in our 
national attitude, another object of but secondary importance might be achieved. 
It appears to the Executive, that the relations which the United States bear to 
this country, and its important position in the gulf, would not disincline them to 
a treaty of alliance with us, defensive, if not also offensive. If nothing else were 
effected than a treaty for defense, it would secure to Texas a position that would 
forever bid defiance to our Mexican enemy. It would be as important to us, in 
fact, as the recognition of our independence by Mexico. 

" These measures seem to the judgment of the Executive to be vitally con- 
nected with the glor}', the well-being, and stability of the nation, and had he 
under this conviction not communicated the same to Congress, he should have 
felt himself delinquent in the discharge of an important duty. If they are favor- 
ably received by the honorable Congress, and their effectuation desired, it may 
be necessary for this purpose, if circumstances daily arising should justify the 
course, to dispatch an additional agent to the Government of the United States, 
to co-operate with our agent now there ; and in that event an appropriation of 
five thousand dollars would be requisite to meet the necessary expenses. This 
recommendation does not arise from any distrust of the ability and capacity of 
Mr. Van Zandt, our present Charg6 d'Affaires. His industry, zeal, and capacity 
are evinced by his correspondence with this Government ; but the additional 
weight a coadjutor would give to our character at that court, and the multipli- 
cation of facilities for success by the aid which they could mutually render each 
other, from increased opportunities for intelligence, and in collecting and com- 
paring information, would doubtless be of the highest importance. 

"If the honorable Congress should think well of these suggestions, they will 
be aware of the propriety of initnediate action upon the subject. The Congress 
of the United States has now been in session some time, and there can be but 
little doubt that, if they have not already done so, they will soon indicate their 
disposition and course of policy toward this country. 

" Believing, as the Executive did at the commencement of the present session, 
that the subject of annexation was in the best position in which Texas could place 
it, he did not allude to it in his general message, apprehending that any public ac- 
tion, taken either by the Executive or the Congress, would only have a tendency 
to embarrass the subject. Action must now be taken by the United States, and 
we must now watch and meet their disposition toward us. If we evince too 
much anxiety it will be regarded as importunity, and the voice of supplication 
seldom commands, in such cases, great respect. 

" The Executive hopes that these injunctions, under which this communication 
is made, may be so regarded by the Congress, as to prevent the possibility of its 
publication, until the measures sought may be accomplished, or the negotiations 
terminated. 

" Sam Houston." 

The effect of this message was salutary. Another minister, in 
the person of Hon. J. Pinckney Henderson (afterward the first 
Governor of the State of Texas), was commissioned to go to 
Washington. Anxiety for annexation, which the people voted for 
in 1836, almost unanimously, was declining, with the certain evi- 



Increased Desire for Annexation. 155 

dence that England (if not France also) would throw over Texas 
the broad aegis of its protection. Desire for annexation was in- 
creasing in the United States. The Cabinet at Washington mani- 
fested an anxiety to renew negotiations. Gen. Houston instructed 
his minister, Hon. Mr. Van Zandt, to meet the United States half 
way, and to inform him of any disposition on their part to come to 
the terms which they had rejected. The chapters containing cor- 
respondence will furnish the principal points touching the reasons 
for annexation. 



CHAPTER XVII. 

Close of the Second Term of Houston's Administration as President— Resolu- 
tions OF THE Senate— Houston's Management of the Finances of Texas during 
HIS Two Administrations, and his admirable Success— A Review and Explana- 
tion of the System. 

ON December 9th, 1844, the second term of the administration of 
Gen. Sam Houston closed. His valedictory, like all other 
papers and addresses emanating from his pen and tongue, ranks 
him among the first statesmen and patriots of the world. Texas 
was prosperous. Certain formalities, hereafter to be indicated, 
only were necessary to introduce her to the sisterhood of the United 
States. He anticipated the pleasure of retiring to domestic life, 
only to be disappointed by the call of his countrymen for further 
and long-protracted services. The following document places his 
administration in its true light before the world : 

"Senate Chamber, December g, 1844. 
•' To His Excellency, Sam Houston, President. 

"Sir: I have the honor to transmit to your Excellency the following Reso- 
lutions, introduced by the Hon. David S. Kaufman, Senator from the District 
of Shelby, Sabine, and Harrison, and passed by the Senate, 

" \st. Resolved by the Senate, That the Administration ot President Houston, 
which this day terminates, has been characterized by a forecast, economy, and 
abihty, which entitle it to the thanks and gratitude of the Nation. 

" 2d. Resolved, That as the Constitutional advisers of the President, we have 
undiminished confidence in the unbending integrity and devoted patriotism of 
Gen. Sam Houston, and he carries with him into retirement, our warm wishes 
for his health and happiness. 

" 2,d. Resolved, That the Secretary furnish Gen. Houston with a copy of these 

Resolutions. 

" With great respect, 

" Henry J. Jenet, 

" Secretary of the Senate." 

The history of the Republic of Texas, the history of the two ad- 
ministrations of President Houston, the personal history of General 
Houston himself, would be incomplete, would not be clearly intel- 

(156) 



Finances of Texas during the Revolution. 157 

ligible without a somewhat specific account of the system and of 
the management of the finances of Texas, under, and, in no in- 
considerable measure, by President Houston. Such account is 
necessary to understand that powerful hold which he had on the 
confidence of the people ; that strong popularity of his with the 
masses, which always triumphed over the fierce, unrelenting oppo- 
sition of political leaders of great ability. It will be necessary to 
advert, only cursorily, to a different financial system pursued dur- 
ing the presidential term intervening between the two terms of 
President Houston's administration. In order to appreciate the 
importance of the financial system perseveringly carried on by 
President Houston, we must bear in mind that the financial pros- 
perity of any Government is the sure index, the sure measure, of 
the prosperity of its people. It is doubly true of an infant nation, 
of a nascent Government, such as Texas then was, before time had 
intertwined interests and consolidated institutions. 

Under the Council, the Consultation, the Provisional Government, 
which were the successive forms of administering public affairs of 
Texas during the Revolution v/hich severed it from Mexico, and 
until the achievement of independence at San Jacinto, current ex- 
penses were provided for as best they could be. This was done, or 
attempted to be done, by borrowing from private individuals ; by 
generous gifts of small sums — sums so small, indeed, that the men- 
tion of them is calculated to raise a smile ; by commissioners 
empowered to negotiate loans ; and by offers of sales of land. The 
slender contributions from these sources were of inappreciable 
value to the infant cause. During that revolutionary period, Texas 
lived, in the language of proverb, frQm hand to mouth. It was not 
known to-day where the means for carrying on affairs on the mor- 
row were to be found. There was no financial system ; there was 
no system of public, organized finance ; there could be none in the 
circumstances of the hour which deserved the name. 

Freedom from Mexican rule being achieved at San Jacinto, the 
President, Vice-President, and members of Congress were elected. 
At the first session of the first Congress in the fall and winter of 
1836, the organization of the essential functions of the new Gov- 
ernment claimed absorbing attention. Concurrently, means to 
carry on government were also of immediate necessity to be pro- 
vided for. Several tentative projects of finance were presented. 
Two bank charters were passed. One of them will be more par- 
ticularly mentioned further on. But no financial system was 
adopted, no financial policy inaugurated. The first substantive act 
of a definite system was passed at the second session of this first 



158 Life of Sam Houston. 

Congress, which convened in the city of Houston, on the ist of 
May following, a.d. 1837. 

The session was opened by President Houston in person. In his 
address to Congress, he emphatically counselled "the maintenance 
of our integrity, and the faithful and just redemption of our 
plighted faith, wherever it has been pledged." This is the keynote 
of Houston's financial administration. With him, it meant not 
only that we should redeem our pledges when zve have the means, the 
money to do so, but also to so guard the making of pledges, and 
to so manage our affairs, that we, Texas, may be surely able to redeem 
them. 

It is not here the place to enter minutely into the financial his- 
tory of the Republic. Consequently, we omit details which would 
only interest persons curious in political and financial history, and 
confine ourselves mainly to leading facts which throw light on 
President Houston's financial principles, his policy, and his action, 
and which serve to illustrate their wholesome influence on the 
solidification of our institutions, and on the prosperity of the Re- 
public of Texas. 

At this second session of the first Congress an act was passed for 
funding the public debts. These consisted of audited drafts of 
various amounts for civil and military services, and for supplies 
furnished to the Republic. These audited drafts were in no sense 
a currency, though they served in irregular trades occasionally, 
and in barter. The bonds into which these drafts were converted 
were of the usual form of Government bonds, transferable only on 
the books of the treasury. They bore on their face the promise 
of interest of 10 per cent, per annum, one year from date. The 
currency of the country was at this time, and had been, gold and 
silver and bank notes, mostly of the New Orleans banks. 

Some two or three days after the passing of the Funding Act, Con- 
gress passed another act for the issuance of promissory notes of 
the Government, to an amount not exceeding $500,000, bearing in- 
terest at 10 per cent., redeemable in twelve months, and receivable 
for all public dues. Not being reissuable, they were, strictly speak- 
ing, treasury notes or exchequers, and were issuable only in pay- 
ment for civil services and civil supplies. They were printed with 
common type, on common book paper. They had in their center a 
large five-pointed star, from which star they received the name by 
which they were afterward designated, of star money. There was 
a sharp conflict of opinion between the Congress and the Secre- 
tary of the Treasury, Henry Smith, about the details of this act, 
from which it may be fairly inferred that the act did not altogether 
please the administration of President Houston. But Gen, Hous- 



Houston a Hard-Money Democrat. 159 

ton left no doubt as to his opinion on treasury note acts. He 
gave a qualified approval in the " proviso, that they were not issued 
in greater amount than would meet the actual necessities of a cir- 
culating medium." 

Having arrived at this, the first substantive act of President 
Houston in the management of the financial affairs of the Republic 
of Texas, if seems fitting to state, somewhat succinctly, his opinions 
on these matters, — opinions from which he at no time, then or 
afterward, swerved. 

General Houston was emphatically, in the language of the day, 
a hard-money Democrat. He held sternly, that a public debt is a 
public evil. In his opinion, no money is a safe currency except 
metallic money, gold and silver. A currency not directly redeem.- 
able in coin of its own nature, leads to contracting public debt, and 
to the unrestrained increase of public debt. Facility in the issu- 
ance of paper currency leads to mismanagement, to reckless expendi- 
tures, to dishonesty, peculation, and embezzlement in the administra- 
tion of public affairs. An administration of Government finances 
based on a system of paper currency, produces oppressive taxation of 
the people, is calculated to make the few who are rich, richer, and the 
many in moderate circumstances, poorer ; it saps public and pri- 
vate morals ; it impairs respect for honesty in private life as well 
as for law and order. Banks of issue Houston regarded with more 
than distrust, and he looked on public loan acts with v/ary doubt. 
When public necessity compels a resort to paper currency, it should 
be done as sparingly as possible, and a return to metallic money 
should be made as speedily as possible. Paper should be the hand- 
maid to gold and silver, always subordinated to these metals, and 
redeemable in them as promptly and as directly as can be done. 
Himself a patriot, he did not disbelieve in patriotism; but his ideas 
were not Utopian. He looked on human nature as it is, as it has 
ever shown itself to be. To his principles and opinions, as just 
stated in general outline, Houston, in the difficult circumstances of 
his two administrations, and on all occasions, was true. 

It seems fitting here to make formal record of a declaration made 
in the latter days of the Republic more than once to Ashbel Smith. 
He declared that the financial management and control of the 
treasury in its principles and general action during both his ad- 
ministrations were affirmatively his own. He said that this was 
emphatically true of the exchequers of his second administration, 
and that he was the author of the plan. This should not, how- 
ever, lead us to underrate the value of the counsels and co-opera- 
tion of his Secretary of the Treasury, Henry Smith. Let us return 
to the treasury notes, the star money of 1837. The issue of them 



160 Life of Sam Houston. 

from the treasury commenced on the first of November. They 
bore on their face, by law, that they were receivable for public 
duties. Immediately thereafter, on the 5th of November, the Sec- 
retary of the Treasury, Henry Smith, sent instructions to collec- 
tors of customs forbidding them to receive these notes in payment 
of duties. Seven days afterward, the 13th November, Secretary 
Henry Smith revoked his order of the 5th, and instructed collec- 
tors of duties to receive the treasury notes as gold and silver. 
For this change of instructions Secretary Smith invoked the orders 
of President Houston, who assumed the whole responsibility. 
General Houston herein acted on the principle laid down in his 
address to Congress, adverted to above, " the maintenance of our 
integrit)'^ and just redemption of plighted faith." 

The issue of treasury notes was restricted to the limits imposed 
in the act creating them. And these notes, when paid back into 
the treasury for taxes and duties, were, as has been already stated, 
canceled. They passed in business at par. They were as good as 
the notes of banks of most of the States of the American Union. 
There was thus, on the whole, a wholesome condition of the cur- 
rency ; we had, practically, a good currency of our own. With 
every allowance for the newness of our situation and for political 
animosities, the people were cheerful and confident. 

To place Houston in a proper light, it is necessary to relate an 
incident which occurred at this time. It is in connection with one 
of the bank charters alluded to above, as having been granted at 
the first session of the Congress, — "The Texas Railroad, Naviga- 
tion and Banking Company," with a capital stock of five million 
dollars, to be increased, if desirable, to ten millions. It is not 
necessary to our present purpose to recite its vast franchises. 
Times were prosperous, prospects flattering. In the phrase of to- 
day, " there were millions in this bank charter." The capital stock 
was divided into eight shares, and one share each, conveyed — (the 
wise do call it "convey") — to eight stockholders. One share of 
the eight was sent to General Houston. Single shares were sold 
for $12,000 and upwards, and were in demand at such prices. It 
was a condition in the charter that before the bank could com- 
mence business operations it should pay into the treasury of the 
Republic a bonus of $25,000 "in gold and silver." This sum, 
$25,000, was formally tendered to the Secretary of the Treasury in 
treasury notes. Though these notes were receivable as gold and 
silver in payment of taxes and duties, they were neither, it was al- 
leged, in the contemplation of the act of incorporation, nor in its 
words, gold and silver. The bonus of $25,000 was neither a tax nor a 
duty. Accordingly President Houston ordered the Secretary of the 



Success of Houston's ^^ Treasury Notes^ 161 

Treasury to refuse them in payment of the bank bonus. The 
eighteen months from the date of the act, within which time pay- 
ment could be made, were about to expire. This was not all ; be- 
fore the expiration of the eighteen months President Houston, in 
presence of several gentlemen, formally committed to the flames 
the certificate that had been sent him of a share in the bank. As 
shares were openly sold, he could have put in his pocket for his 
certificate of share $20,000. But this hydra-headed monster of the 
class of gigantic swindles, like Law's Mississippi scheme and the 
more recent Credit Mobilier, was by Houston's sagacity, honesty, 
and firmness crushed in its embryo state. If room permitted, it 
would be a curious study to describe the influences brought to 
bear on Houston to permit the bonus to be paid in treasury notes, 
and thus the bank to go into operation. He was inflexible, and 
the people were saved from a huge corporation which would have 
enveloped in its folds and crushed every enterprise, and forbid 
competition outside of the shareholders of the bank. It would be 
unjust to Henry Smith to omit to mention that in this matter he 
was in full accord with President Houston. But Houston was the 
rock of resistance. Persons at this day can not easily appreciate 
the magnitude of this bank enterprise. It may help their imagina- 
tion to be informed that three of the eight shares were sold in New 
York for merchandise to the amount of $60,000. 

The treasury notes were, on the whole, a decided success. As 
already stated, they were at par, or nearly so, with gold and silver, 
and equal in current value with bills of banks in the United States. 
This rare quality for paper not instantly redeemable, enjoyed by 
the treasury notes, may be attributed mainly to the following 
causes. The known resources of Texas — the issue of notes being 
limited to an amount, in Houston's language, " required to meet 
the actual necessities of a circulating medium " — their issue lim- 
ited to payment of civil services — not being reissuable, but can- 
celed on being paid into the treasury — these were safeguards 
against the country being flooded with these notes. And to these 
should be added General Houston's well-known resolute opposi- 
tion to buccaneering expeditions against Mexico, and quixotic 
hunts of Indians to chase them from lands which our scant popu- 
lation rendered it impossible for us to occupy. 

The success of the star money thus protected seems to have en- 
couraged Congress to attempt a larger enjoyment of the good. 
Accordingly, in May, 1838, Congress passed acts for the issue of 
another million of treasury notes, and authorizing their feissue 
after having been paid into the treasury, and making appropria- 
tions of them for all sorts of public expenditure. Unlike the star 
11 



162 Life of Sam Houston. 

money, they bore no interest. These acts, submitted to President 
Houston for his approval, were returned to Congress with elab- 
orate, earnest vetoes, in vain. They were passed by Congress tri- 
umphantly over the vetoes. The new notes issued under these acts 
being well engraved and printed on good bank paper, with a red 
ground, had quite a bank-note look — quite unlike the old star 
money printed with common type on a very common paper. Such 
was the original of the famous redbacks. 

With these acts of Congress of 1838, passed the last year of 
Houston's administration, so greatly enlarging the new issue of 
treasury notes, thereafter known as redbacks, and discarding pre- 
vious wholesome restrictions, commenced their decline in value. 
They nevertheless maintained to the close of President Houston's 
first administration their circulation as currency in ordinary busi- 
ness transactions. They were worth, or rather were valued at, 
seventy cents or seventy-five cents on the dollar when General 
Houston's Presidential term closed — the loth December, 1838. 

At the close of Houston's first administration the public debt of 
Texas amounted to a little over a million dollars. The report of 
his Secretary of the Treasury states the amount of audited claims 
at $1,090,984. Of this amount $903,720 were for military services. 
It had mostly accrued in the active campaigns of the Revolution, 
and in the support and pay of the army until it was furloughed in 
the summer of 1837. To diminish public expenses in accordance 
with the economical system of the administration the army was 
furloughed till, every company and squad told, it did not amount 
to one battalion of a full regiment. There was no risk in thus vir- 
tually disbanding the army. For on the first tap of the drum the 
ranks would be filled, and competent officers were on hand to lead 
them. And further, several offices, civil and military, were abol- 
ished, and the pay and expenses of others greatly cut down. 

As already stated. President Houston's first term closed on the 
loth December, 1838. He was succeeded by General Lamar. 

President Lamar was possessed of high genius ; he was of un- 
spotted integrity ; a chivalrous paladin of finished culture, of bril- 
liant courage, of lofty daring, of pure patriotism. He was a sol- 
dier, and in other times and other circumstances he would have 
been a magnificent chieftain ; his whole nature was poetical and 
military. But he was not a financier ; he did not possess adminis- 
trative capacity ; he was not familiar with principles of political 
economy universally deemed incontrovertible. Reposing unbounded 
confidence in his friends, he lacked the sagacity often termed knowl- 
edge of human nature, knowledge of mankind. His administra- 
tion of the Presidency was not a success. 



Results of Lamar'' s Administration. 163 

It does not fall within my present object to linger in detail on 
the management of the finances of Texas during General Lamar's 
Presidency. It suffices to state, in general terms, that the policy 
inaugurated by the acts of Congress of May, 1838, adopted over 
Houston's vetoes, was persevered in, expanded in its worst features. 
It may be described as the financial system of unlimited issue of 
irredeemable treasury notes known as redbacks. Their decline 
in value, mentioned already as having commenced in 1838, con- 
tinued until, at the close of General Lamar's Presidency, they had 
sunk to IOC, 5c., 3c., on the dollar. At these rates they were some- 
times bartered away in loose speculative trading for things of un- 
certain value, but they had ceased to be even a nominal currency. 
In the general prostration, gold and silver had disappeared. The 
funded debt was not heard of ; it seemed to have floated off, no- 
body knew whither. But the public debt, now augmented to over 
seven million dollars, hung like a black cloud of evil portent over 
the country. 

It will devolve on the future historian of the Republic of Texas 
to relate how, in a time of profound practical peace, with no serious 
attempt at invasion by Mexico, with no trouble of any moment 
with Indians on the frontier, with not even the skeleton of an 
army, with no internal dissensions, with no works of public im- 
provement undertaken, the public debt was increased from little 
over a million to upwards of seven millions of dollars. The people 
were, indeed, kept in pleasant expectation by projects of loans 
which were to make the floods of redbacks equal to gold. Fortu- 
nately for Texas, the loans were never effected. The bane so 
fatal to Texan finances was irredeemable redbacks, irredeem- 
able paper. 

There was not a dollar in the treasury. The country was with- 
out credit for a dollar. Public expectation was exhausted. Our 
foreign relations were as cheerless as home affairs. England had 
negotiated treaties with Texas, but, from fear of our collapse, held 
back from the exchange of ratifications. France was in ill-con- 
cealed bad humor with us ; her minister had withdrawn from his 
post at Austin to the United States. Gloomy vaticinations ruled 
the hour that the Republic of Texas was played out. 

Sam Houston entered upon his second term as President of 
Texas in the midst of these disastrous surroundings. He was in- 
augurated in December, 1841. Without a dollar in the treasury, 
without credit for a dollar, the finances nevertheless compelled at- 
tention as a condition of the continued existence of the Republic. 
Something must be done. The month following his inauguration, 
to wit, on the 19th January, 1842, the exchequer act was passed. 



164 Life of Sam Houston. 

The whole amount of exchequers subject to issue was strictly limit- 
ed to ^200,000 ; gold and silver, and exchequers, were alone re- 
ceivable for customs-dues, for taxes and licenses. They could 
only be paid out from the treasury on specific appropriations by 
Congress. For several months scarcely $40,000 had been paid out. 
At no time ever, subsequently to the passage of the act, was there 
in circulation near half the amount provided by the act. As for 
redbacks, lavishly issued by the preceding administration, they 
were as utterly ignored as if not a dollar of them had ever been 
heard of. 

It needs scarcely to remind any one that the exchequers were in 
all essential respects the same as the first treasury notes issued in 
1837, the star money under another name. 

The experience of the redbacks naturally created distrust of the 
exchequers. It was loudly asserted that these were only redbacks 
under the thin disguise of another name, and their utter and speedy 
depreciation, like their redback predecessor of unhappy name, was 
confidently prophesied. Speculators, like buzzards watching a 
sick animal, attacked the exchequers and entered into combina- 
tions to destroy their value. They sunk to 30 cents, and even less, 
on the dollar. President Houston was equal to the emergency. 
He convened Congress in extra session, June 27, 1842. On the 
23d July a law was passed, requiring collectors of customs, sheriffs, 
clerks, and postmasters, to receive exchequers only at the current 
rates at which they were sold on " Change " in open market. 

It would be natural to suppose that the act of July 23d would 
appreciate promptly the exchequers. Nevertheless, they appre- 
ciated very slowly. This was a natural consequence of distrust 
from recent experience of redback treasury notes. Pecuniary con- 
fidence is, especially, a plant of slow growth. Besides, being re- 
ceivable only at their cash value in market, and worth no more in 
payment of Government dues than a like amount of gold and sil- 
ver, nothing was gained by purchasing them. As a consequence, 
gold and silver flowed into the treasury, and at the close of 
President Houston's second term exchequers were on a par with 
coin. 

The foregoing outline of the financial history of Gen. Houston's 
administrations would be incomplete without some mention of the 
sequel. Anson Jones, who had been Secretary of State under 
Houston, and who was, perhaps, his most trusted Cabinet officer, 
succeeded General Houston as President of the Republic in De- 
cember, 1844. Anson Jones, too, was a man of eminently sound 
judgment ; he held the same sound opinions as General Houston 
on paper currency on irredeemable promises to pay, on the sacred- 



Houston — Lamar — Jo nes. 165 

ness of public credit, and on the strictly economic administration 
of Government. President Jones closed his administration, as 
Houston had done before him, without having added a dime to 
the public debt or leaving an unpaid open account. In his admin- 
istration the Republic of Texas was merged by annexation in the 
Federal Union. With the transfer of the sovereignty of the Re- 
public of Texas there was turned over to the State of Texas its 
treasury, with thousands of gold in its coffers ; which gold actually 
sufficed for all the expenses of government of the State of Texas 
for upwards of two years. 

Sam Houston more than once said to Ashbel Smith that he was 
the author of the plan of issuing exchequers. He claimed it only 
as a " succedaneum " for gold and silver when these were not in 
hand, and to be resorted to when, as at the commencement of his 
second term, the Government had not a dollar, and was utterly des- 
titute of credit. Nor did he, as is sometimes dexterously done, 
transfer the burdens of to-day upon the future. During his second 
term not a dollar was added to the public debt, except the accre- 
tions of unpaid interest accruing on that previously existing. Nor 
was there an unliquidated account that had accrued during that 
period. 

I have thus given, perhaps in unnecessarily minute detail, the 
financial history of the Republic of Texas under the two adminis- 
trations of Sam Houston, embracing the leading facts in the prin- 
ciples and action of Gen. Houston as President, in the legislation 
of Congress, in the administration of the Department of the Treas- 
ury under him. I have not done injustice to the chivalrous soldier 
and patriot Lamar. I have paid a passing tribute of justice to the 
profound statesman, Anson Jones. 

I turn again to Houston for a remark or two on closing. Hous- 
ton's administrations were not distinguished alone for his judicious 
management of the revenues of the Republic, and, consequently, 
of the taxes of the people. Honesty was characteristic of his 
whole official administration. Not one of his Cabinet or staff officers, 
not one of his high officials, amassed even an inconsiderable for- 
tune. Nearly or quite every one of them left office poorer than 
when he entered it. With such facts patent, it is not surprising 
that, amidst all the mutations of superficial and newspaper unpop- 
ularity, he retained the solid confidence, the firm attachment, of 
the mass of the citizens of the Republic of Texas. 

It is well, too, for the citizens of Texas, now and hereafter, to 
bear in mind that such was the true condition of Texas at the time 
when it was maligned as the country where was rampant the worst 
form of barbarism, the barbarism of civilization. 



CHAPTER XVIII. 

Houston's Entrance into the U. S. House of Representatives, December, 1S23 
— His Contemporaries, and the Questions of the Hour. 

BRIEF allusion has been already made to Houston's election to 
Congress ; it is proposed now to give a connected detail. 
Coleridge said, "To be truly great is to be great in little things." 
Genius now flashes, now flickers ; but greatness does its best, and 
triumphs every day. Washington was " first in peace and first in 
war" because his balanced mind saw what was best to be done, 
and his appreciative spirit selected the best man for each post. 
Houston had shown as a soldier brilliant daring in emergency, and 
at the same time the steady discipline essential to camp routine. 
If there is any place where these united qualities, French dash and 
English pluck, are called unitedly into requisition, it is in the U. S. 
House of Representatives. Houston was to be tested in this new 
sphere. 

Elected in 1823 from the ninth, or last formed, district of Ten- 
nessee to a seat in the U. S. House of Representatives at the First 
Session of the Eighteenth Congress, three special circumstances 
were likely to test the capacity and character of a young man of 
mark. These were : first, the fresh energy of the people forming 
a new State ; second, the vital interests, affecting all the States, 
whose issues were to be debated and settled at that era ; third, the 
exceptionally able statesmen now associated to meet an emergency 
in the House of Representatives. 

At an early period, under colonial administration, the rich lands 
west of the Alleghany range had tempted enterprising settlers ; 
and the region now called East Tennessee was occupied prior to 1 750. 
The attempt to push settlements farther westward was resisted by 
the Indians. Fort London, built in 1757, on the Little Tennessee, 
was captured in 1760, and its garrison were massacred ; and for 
forty years few settlers went into Central Tennessee. When the 
Atlantic colonies declared themselves independent, though too far 
from the seat of war to be brought into action, the settlers armed 
to meet the emergency ; and they declared their adhesion to the 
struggle for independence. When the war closed, the State of 
North Carolina, which claimed that her boundaries extended to the 
(166) 



Exciting National Questions of 1823-24. 167 

Mississippi, at first agreed to cede to the United States her claim 
to territory west of the Alleghanies ; then withdrew that assent ; 
but finally ratified the cession in 1789, when the Federal Constitu- 
tion was framed. In 1796, while Washington was yet President, 
Tennessee was admitted as a State into the Union, Vermont in 1791, 
and Kentucky in 1792 having preceded it. Unlike those two 
States, however, a large part of its territory was occupied by In- 
dians in undisturbed possession ; the Chickasaw tribe occupying 
Western Tennessee until 1819. It was in this condition of the 
country that young Houston had come into the territory ; his boy- 
hood being spent at the Indian agency, his youth in Indian wars, 
and his early manhood on the border of Indian settlements. It 
was amid the rush of fresh settlers, coming in from every section, 
and dependent on their own hands'-toil and personal enterprise for 
success, that Houston came to the Federal City to represent a 
hardy and independent yeomanry. 

The spirit of the people of Tennessee at the time of Houston's 
election to Congress is indicated by this coincidence. Houston 
had been elected in a new district, September 13, 1823. At the 
September term of the Blount County Court the grand jury 
brought in a presentment against certain parties for " treating " 
voters with intoxicating liquors at the recent election, in which 
presentment this sententious statement appears : " That the custom 
complained of brings into offices of trust 'men who are not pre- 
ferred for their virtues, and who consequently prefer not virtue.' " 
It was under quite another heading that Houston's election was 
classed. While in the Seventeenth Congress Tennessee had but 
six representatives in the House, the new apportionment, which 
suddenly added three more Congressional districts, seemed to 
have had a more demoralizing influence in the old counties under 
the mountains than upon the new section, whose centre, at Nash- 
ville, Houston represented. 

There were at this era five specially exciting questions which had 
agitated and were still dividing the people of the east and west, of 
the north and south ; which questions not only awakened conflict- 
ing opinions in the different sections, but which in the same section, 
made up as was the population of the new States, aroused warm 
debate in Tennessee. These related to governmental policy ; first, 
as to efforts to civilize the Indians ; second, as to a tariff for pro- 
tection of home manufactures ; third, as to internal improve- 
ments ; fourth, as to the restriction of slave labor as opposed to 
free labor ; fifth, as to armed interference of European Govern- 
ments in Mexico to recover political power over former colonists 
who had secured their independence. The heat and violence of 



168 Life of Sam Houston. 

party spirit on these varied issues were brought to a focus in the 
canvass for the Presidential election, which occurred in the same 
autumn as the election of Houston to the House of Represen- 
_t_atiyes. 

From the earliest settlement of the country opinion was divided 
as to the possibility of inspiring the roving Indian tribes with a 
love for civilized life, so that the two races, the red and the white, 
might dwell together in quiet side by side. The religious spirit, 
seen to be effective in the efforts of John Eliot in Massachusetts, of 
William Penn in Pennsylvania, of James Edward Oglethorpe and 
of the Wesleys in Georgia, maintained this doctrine : that the In- 
dians, like the red races who peopled India and China, might be 
won over to the habits of industry and culture found among the 
people of Mexico held in subjection a century earlier by the Span- 
iards ; as had been tested also by Jesuit missionaries already 
in the French provinces. On the other hand, as Bancroft has 
traced, the spirit of secular appropriation brought the white race 
into constant competition with the Indians in every experiment at 
agriculture ; the superior race could not amalgamate or live in 
society with the inferior ; some in Massachusetts, as well as in 
Virginia, favored the enslaving or extirpation of the Indian tribes 
on the precedent of the Israelites among the tribes of Canaan ; and 
the result proved that constant war on the border and constant 
forcible removal of the Indians westward was " the law " that 
would rule. No man in the United States was better prepared by 
his wide experience to judge wisely on this question than Hous- 
tort, and no more magnanimous spirit had ever been shown than 
Houston had exhibited, first in his intercourse as an agent's clerk, 
then as a soldier, then again as an army agent among them. His 
long apprenticeship among the Chickasaws in Western Tennessee 
before his enlistment as a soldier under Jackson, and his detail as 
a lieutenant after the war to serve as military agent among the 
Seminoles of Georgia, were reminiscences always fresh and fragrant 
in his after-life ; and no man more than Houston appreciated the 
virtues of the Indian character which were to be fostered, and their 
vices which were to be forcibly restrained. This was the earliest 
question before the American people, and it will be one of the last 
to call forth balanced judgment and modified action. At the 
period of Houston's entrance into the House of Representatives 
there were two fields for the practical application of these princi- 
ples. In the West the Indian tribes had consented to removal to 
their new territory west of the Mississippi, but two causes still 
created difficulty ; first, disputes among the Indian tribes them- 
selves as to their several allotments and as to mutual encroach- 



Relation of United States to African Race. 169 

ments of the tribes on the border territory of other tribes ; second, 
encroachments of white settlers on the territory ceded to the tribes 
west of the Mississippi, especially in Arkansas Territory. The 
main difficulty was in the Gulf States and territory, especially in 
Georgia and Florida. There the humane efforts of young Hous- 
ton, commended by Jackson as his military commander, were fresh 
in memory ; but yet fresher was the subsequent military campaign 
of Jackson, when he not only drove the Seminoles from Georgia 
into Florida, then a Spanish possession, but pursued them even to 
the capture of St. Augustine, leaving thus a work of mingled efforts 
at forcible suppression and at treaty stipulation, for future admin- 
istrations to complete. In this work the counsel of Houston be- 
came of special value. 

The relation of the several States and of the people of the United 
States to the African race was the second question to be met. 
Their ready admission by the policy of the mother country into all 
the colonies except those of Pennsylvania and Georgia, the check 
put upon that introduction when, after the war of Independence, 
the New England States emancipated their slaves, and were filled 
with European laborers in their place, when Virginia ceded all her 
territory north of the Ohio and westward to the Mississippi to the 
Union, to be occupied only by free white settlers, and when the 
Federal Constitution forbid further importation after twenty-one 
years — this mixed and conflicting system of admission and exclu- 
sion had reached its crisis and apparent settlement in the Missouri 
Compromise of 1820. At the adoption of the Constitution there 
was a virtual balance of the slave-holding and non-slave-holding 
interests in the Senate which represented the States ; since, while 
there were among the thirteen original States only six that were 
decidedly slave-holding States, two or three others had passed no 
formal acts of emancipation. The admission subsequently of new 
States, as of Vermont in 1791 and of Kentucky in 1792, of Tennes- 
see in 1796 and of Ohio in 1802, of Louisiana in 1S12 and of In- 
diana in 1816, of Mississippi in 1817 and of Illinois in 1818, of 
Alabama in 1819 and of Maine in 1820, seemed to indicate that 
these two interests were, in the conservative branch of the Govern- 
ment, to remain balanced. When, however, in 1817, Missouri ap- 
plied for admission a new question arose. As a part of the French 
purchase of 1803, which included all the territory west of the Mis- 
sissippi, from Louisiana northward, it seemed natural that African 
slavery, already introduced, should continue. On the other hand, 
the fact that it lay north of the mouth of the Ohio, fixed by Vir- 
ginia as the limit of slave-holding States, and that it was border- 
ing all along the Mississippi on Illinois, which was entitled to come 



170 Life of Sam Houston. 

into the Union as a free State, thus counterpoising Mississippi, 
just admitted as a slave State — these facts had led to a discussion 
which lasted for four years. At the first application for admission, 
during the session of 1818-19, an enabling act was to be provided 
by Congress. In this enabling act the House of Representatives 
provided that the new State should come into the Union as non- 
slave-holding ; but, as the Senate dissented, no action could be 
taken. When the application was presented next session, that of 
1819-20, after long debate both Houses of Congress concurred in 
Mr. Clay's compromise, that Missouri, where slavery already ex- 
isted, should be admitted into the Union as a slave-holding State, 
but that after that period all States north of the parallel of 36° 30' 
north latitude, or the southern boundary line of the new State 
should be non-slave-holding States. This arrangement seemed 
likely to meet and adjust the difficulty. When, however, the State 
Constitution, framed under this enabling act, was found, at the 
reassembling of Congress in 1820-21, to embody a provision re- 
quiring the Legislature of the new State to pass laws " to prevent 
free negroes and mulattoes from coming to and settling in the State," 
a new and more exciting debate followed ; which debate lasted 
through the short winter session that ushered in President Monroe to 
a second term of office, March 4, 1821. For, though since that period 
other States formed further north and in that same territory, have 
acted upon that same provision,— as the State of Wisconsin, admitted 
in 1848, — its embodiment in the Constitution of Missouri, brought 
into the Union under such circumstances, awakened strenuous op- 
position. At that time the idea of free labor had not taken shape 
as implying the prohibition of a competition between white and 
colored laborers ; and the provision seemed in conflict with the ad- 
mission of free as opposed to slave labor in the new State. Both 
Houses of Congress agreed in requiring the expunging of this pro- 
vision from the Constitution submitted ; the people of Missouri 
yielded ; and, as authorized, the President, in view of the action of 
the State Convention called June 24th, declared by proclamation 
Aug. 10, 1821, that the State of Missouri was admitted to the Union 
and entitled to representation in the next Congress. It Avas just 
two years after this crisis that Houston came into Congress ; where 
as representative from Tennessee for four years, and as Senator 
from Texas for fourteen years, he was destined to take such a 
course as was not the privilege or honor of any pre/ious or subse- 
quent American statesman. 

As to the tariff, the old question of duties on imports as a ready 
and effectual method of collecting taxes for the support of the 
Federal Government, had up to 1823 not been specially compro- 



Early Induction of the Tariff System. 171 

mised and complicated as part of a system for promoting home 
manufactures by placing a heavy duty on manufactured goods 
brought into the country from European countries, especially from 
England. Nor, again, was the importation of the States, then as 
now, restricted to a few all-absorbing centers, such as New York 
now is ; for imports came into all the Southern as well as Northern 
ports, from Portland, Me., to Charleston, S. C. ; and even into the 
ports on the Gulf. The New England States, it is true, were the 
chief manufacturing States ; but as the raw material, especially 
wool and cotton, used in the factory, was purchased from the wool- 
breeding and cotton-growing sections, their manufacturing inter- 
ests were greatly overbalanced by their commercial interests ; the 
interference with which, caused the prospect of a war with Great 
Britain, and led to the call of the Hartford Convention, December ' 
15, 1S14. The main moving interest which led to that convention, 
as any careful student of its records, and of Dr. T. D. Woolsey's 
admirable analysis, must perceive, is that which is made last to ap- 
pear ; in the suggestion that the Constitution be so amended as to 
provide : "that Congress should lay no embargo on vessels belong- 
ing to citizens of the United States, for more than sixty days ; nor, 
except by vote of two-thirds, interdict commercial intercourse be- 
tween the United States and foreign nations." The return of 
Daniel Webster to Congress in 1823, and his retention there dur- 
ing the very four years spent by Houston, was significant of a 
transition era which culminated eight years later in South Carolina 
nullification acts. Sent from Massachusetts to the special session 
of Congress met in May, 1813, as an opposer of the war with Great 
Britain, he made that maiden speech, on June loth, which brought 
out his leadership on questions of international law. Remaining till 
the close of the war, to accomplish the great end of a return to 
specie payments and of a national banking system which should 
overcome the commercial losses of a purely State bank currency, 
Webster retired from public office, to devote himself to private busi- 
ness. Though urged to take a place in the Senate, he declined ; 
when in 1823, he, by preference, entered the House, as the branch of 
the Government where bills providing revenue must originate. 
There he showed such a knowledge of the import trade, and such a 
mastery of the consequences of laying duties for revenue on vai-i- 
ous articles, that he was able to give shape to the tariff, so as to 
promote at once the ends of commerce and of revenue. It was not 
until he entered the Senate, in 1827, that this mastery of the tariff 
system was turned to the promotion of manufacturing as distinct 
from commercial interests. All this part of legislation was of 
course new to young Houston, as he sat for the same four years 



172 lAfe of SaiR Houston. 

in the same body with Webster. His course showed that he was 
both an apt and a discriminating learner. 

It was naturally at a late period that the United States Govern- 
ment turned its attention to internal improvements as a part of its 
necessary and legitimate province. The improvement as well as 
the defence of the ports on the Atlantic coast, doubtless limited 
the views of many at the adoption of the Constitution. The duty 
of laying out military and postal roads necessarily involved the 
construction of roads for the transportation of inter-State com- 
mercial products. When at last the Mississippi River, as well as 
the line of northern lakes, became as much as inland roads, high- 
ways for commerce, it was time that the. pa7'tial system — in a double 
sense of that term — become both a general and an equable system. 
Houston came into Congress just at the time when such a system 
was to be considered and inaugurated. While Tennessee had her 
special claims as a sharer in this general provision, it was for other 
States that the legislation first called for was to be made ; and 
Houston's mind from the first embraced at once the whole coun- 
try in which, as a soldier during the second war, he served, from the 
junction of the Ohio and Mississippi, to the swamps of Florida. 

The latest question to arise, that of resistance to the planting of 
monarchical governments through European influence, on the 
North American Continent, was nevertheless an old issue ; though 
under Monroe it took the form of a declared policy. When the 
Colonies declared themselves independent, the resistance to Euro- 
pean supremacy began ; but it was an afterthought which framed 
the Federal Republic, distinct from the aristocratic governments 
of Spain in Mexico and Florida, of France in Louisiana, and of 
England in Canada. When, however, the States formed out of the 
ceded French and Spanish territory, acquired in 1803 and 1819, 
came into the Union, it was essential that, under the Federal Con- 
stitution, they should be Republican. When, again, Mexico, in 
1821, after a struggle of years, became independent of Spain, and 
when the next year, 1822, it adopted a Republican Constitution, 
the action of European monarchies adverse to the Republic, which 
would, if recognized as legitimate, have justified alike European 
intervention to overthrow the United States Government, brought 
about a crisis which compelled for self-preservation the enunciation of 
the Monroe doctrine. In July, 1822, led by France under the restored 
Bourbon rule, representatives of several continental powers, met at 
Verona, Italy, determined to unite in aiding Spain to recover her 
power in Mexico. Inasmuch as England's sway in Canada, once a 
French possession, was threatened, Mr. Canning, then Secretary of 
Foreign Affairs, privately invited the President of the United States 



Tlie Presidential Election of 1823-4. 173 

to join England in resisting this French movement. President 
Monroe consulted ex-President Jefferson ; and in his Message to 
Congress, December, 1823, he advised that the following two decla- 
rations should be adopted as the foreign policy of the United States 
in meeting European interposition to regain lost rule in America : 
"The first principle appears in this clause, 'That we should con- 
sider any attempt to extend their system to any portion of this 
hemisphere as dangerous to our peace and safety '; a principle 
which, now that it includes Central and South America, was too 
broadly stated to become in subsequent time a rule for general 
action ; though in the special case of intervention threatened at 
the time, it had enough of purpose to secure its end. The second 
principle announced expressed also more than was intended, since 
it was in violation of the very principle of the right of foreign col- 
onization, which has governed all nations in all ages, and on which 
rests the foundation of the American Republic. It was in these 
words : ' That the American continents, by the free and independ- 
ent condition which they have assumed and maintain, are hence- 
forth not to be considered as subjects for future colonization 
by any European power.' " Since the extreme utterances of Mr. 
Webster, shortly after Houston's entrance into Congress, and 
Houston's position as to Mexico subsequent to Texan independ- 
ence and annexation had their origin and seeming propriety in 
these declarations, their consideration becomes vital at the open- 
ing of Houston's national career. 

The controlling question which agitated public sentiment and 
gave intensity to debate in Congress at this era, was the course 
taken in the Presidential election. The entire history of previous 
elections, even when Washington, the leader in the war for " national 
independence," was a candidate the second time, showed how the 
ambition for place and power can blind men to self-respect, and 
make them incapable of self-control. The election of the first 
Adams, and then of Jefferson, had brought out a spirit of rancor 
that threatened for a time violence and anarchy. Madison's elec- 
tion was on issues that involved sectional interests connected with 
the war for " national equality " — an issue as vital as that of " na- 
tional mdepende^tce." The two terms of President Monroe, from 181 7 
to 1825, characterized then and since as "the era of good feeling," 
was, in spite of the agitation of the Missouri Compromise, a 
triumph of the spirit of conciliation. When, however, during 
1823-4, four Presidential candidates were in the field ; when, be- 
cause of the divided vote the people failed to elect, and politicians 
were free to employ their arts ; when by the management of men 
supposed to have their personal ambition, John Quincy Adams, 
supported by a small section of the countrj', was elected by Con- 



174 Life of 8am Houston. 

gress over Gen. Andrew Jackson, the popular favorite, who had re- 
ceived much the larger vote from the people, a new experience was 
to be met, and a storm of indignation at what seemed to be the 
deceit of political aspirants in thwarting the wishes of the people. 
The House of Representatives became at this time a school to its 
young members ; and Houston would have been a dull scholar if 
he had learned nothing to serve as a guide in his eventful future. 

While Congress, with such hinging questions before it, was the 
school to train its younger members, among the older was gath- 
ered such a galaxy as never before or since has met together ; and 
these were to be Houston's teachers. The veteran in the House 
was John Randolph, of Virginia, who first came into the House in 
1799, where he had proved a star of rare brilliance for more than a 
score of years, and where his declining health in his last years of 
service could not check his youthful fire when roused by some 
crisis. Next in point of time came Henry Clay, who had been in 
the Senate as early as 1806 ; while in the House he had lately 
gained his great triumph in the Missouri Compromise of 1820, and 
was now, in 1823, Speaker. Another veteran was Edward Living- 
ston, one of the brilliant lights of New York in youth, then one of 
the earliest and ablest in shaping the new foreign State of Louisi- 
ana. Among the men of about the same age with Houston were 
Webster, of Massachusetts, already mentioned ; W. C. Rives, of 
Virginia, afterward Senator ; W. P. Maugma, of North Carolina, 
afterward Senator ; George McDuffie, of South Carolina, after- 
ward Senator ; C. A. Wickliffe, of Kentucky, afterward Post- 
master-General ; Elisha Whittlesey, of Ohio, afterward First Audi- 
tor of the Treasury ; and John McLean, afterward Postmaster- 
General, and also Judge of the Supreme Court. In the Senate, 
the veteran of veterans was Nathaniel Macon, of North Carolina, 
in the House and Senate from 1791 to 1828, thirty-seven years; 
who for his firm integrity Jefferson styled " the last of the Romans "; 
whom John Randolph, mentioning him in his speech, declared to be 
"the wisest man " he had ever met. Among the younger Senators 
were R. M. Johnson, of Kentucky ; R. G. Hayne, of South Caro- 
lina ; Thos. H. Benton, of Missouri ; M. Van Buren with the 
veteran Rufus King, of New York ; Levi Woodbury, of New 
Hampshire ; Wm. H. Harrison, of Ohio ; and Andrew Jackson, of 
Tennessee ; the three among whom were to attain the Presidency. 
Into the Nineteenth Congress there came, in 1825, as members of 
the House, Edward Everett, of Massachusetts, and James K. Polk, 
of Tennessee ; and into the Senate, J. M. Berrien, of Georgia, and 
Levi Woodbury, of New Hampshire. Young Houston had thus a 
circle of training teachers worthy of him, every one of whom came 
afterward to admire his brilliant career. 



CHAPTER XIX. 

Houston's Four Years in the U. S. House of Representatives, 1S23 to 1827. 

THE fortunes of Jackson and Houston were reunited on enter- 
ing Congress. Houston had been elected a Representative 
from Tennessee, September 13, 1823, by the people of the Ninth 
District ; and Jackson had been elected by the Legislature of Ten- 
nessee on the 25th October following, amid all the excitement that 
followed his act in June previous in pursuing the Seminoles into 
Florida, and hanging at St. Augustine two English abettors of 
their barbarities in Georgia. Jackson was immediately made chair- 
man of the Committee on Military Affairs in the Senate ; while 
Houston, his former favorite lieutenant, was on the 5th December 
made a member of the same committee in the House. The session 
opened with exciting issues before it, and while Jackson, not gifted 
as a speaker, was firm in action, Houston was for full two years 
studying the situation and shaping his course on varied issues as 
experience should dictate. On the 12th December Mr. Hayne in 
the Senate offered a resolution providing for a new election and a 
future change of the Constitution as to its provisions for the elec- 
tion of President and Vice-President ; and on the 22d December 
Mr. McDuffie in the House moved the same, thus indicating the 
sentiment of South Carolina on this issue. Houston's first recorded 
vote was in the case of a contested election, where an error in the 
count was claimed. On the i6th January, 1824, the question of 
preemption by settlers on lands west of the Mississippi was up for 
debate. On the 19th January, Jackson, from the Senate Committee 
on Military Affairs, introduced a resolution for payment of losses 
of horses and private property, met by volunteers in the Seminole 
war ; the views of Jackson and Houston leading to the immediate 
passage of the resolution. On the xpth of January, again, Webster 
in the House introduced his resolution to send an agent to Greece, 
then struggling to gain independence ; on the same day Mr. Mitchell 
moved an invitation to the Marquis de Lafayette to a reception 
by the House ; and on the same day Clay brought in a bill provid- 
ing for resistance to the interposition of Spain to recover her lost 
Mexican possessions. The able, earnest antagonistic views, brought 
out by this array of questions, stimulated thought and compelled 

(175) 



176 Life of Sam Houston. 

independent judgment in young minds. In these debates Mr. 
Webster made that celebrated speech, rich with old Grecian and 
Roman principles of international and inter-State alliance, which, 
though it failed to accomplish the advocate's special end, revived 
the like sentiment of Henry of Virginia and Otis of Massachusetts, 
brought out at the Revolutionary era. Mr. Clay, again, uttered 
the general spirit of the Monroe Doctrine, and of the following ad- 
ministration, that of the second Adams, in which he was to be, as 
Secretary of State, the shaper of foreign policy. The veteran Ran- 
dolph, in whom the ambition of foreign crusade was tempered, 
though the fire of chivalry was not quenched, opposed both Mr. 
Webster and Clay ; while to a lady friend who remonstrated he 
exclaimed, in view of the needy at home, " Madam, the Greeks are 
at your door." 

The disposition to reach ends suggested as mere questions of the 
day, by new constitutional provisions, appeared in a suggestion of 
Mr. Van Buren on the 226. January, that the Constitution provide 
an equitable scale of appropriations for internal improvements in 
the different States. This action arose because the State of New 
York had already, at her own expense, built her canal through the 
State to the lakes. In the House the main question arose on a 
proposition to employ engineers to make surveys for canals from 
the Delaware to the Chesapeake, from the Chesapeake to the Ohio, 
and again for the removal of obstructions in the Mississippi ; a 
series of measures involving inter-State action, and interesting 
many of the Atlantic, as well as all the valley States. Mr. Webster, 
from the least interested, and Mr. Clay, from the most interested 
section, advocated the measure ; Randolph threw all his decaying 
energy into the opposition ; while Houston went with the majority, 
both from interest and principle. 

Among other issues debated during the session of 1823-4 were 
the following : In view of the fact that colored sailors from British, 
as well as northern ports, came into southern ports, Mr. Abbot, of 
Georgia, introduced a resolution to the effect that the United States 
Constitution was not to be construed as authorizing the importa- 
tion or ingress of persons of color in contravention of State laws — 
a subject which, under the administration of Adams, led to a re- 
monstrance of Sir Stratford Canning on the part of the British 
Government. The bill for the purchase of lands at West Point 
brought out sectional views as to State rights. Randolph proposed 
that the State of New York be first consulted. Macon opposed it 
because a large sum was to be given for a farm of moderate value, 
close to which was a grog-shop as a lure to cadets, and because no 
limit could be fixed to future outlay arising from the purchase. 



The Honors 'paid to Lafayette. 177 

Though not acting with Macon as to West Point, Houston fol- 
lowed Macon in opposing an outlay of $26,000 on the Presidential 
mansion. 

The question of the tariff, opened during the session of 1823-4, 
was pursued in the session of 1824-5. Mr. Webster's cast of mind, 
as well as the interests of his Boston constituency, enabled him to 
present facts and figures which were all-controlling, especially as 
they were based on commercial and common, rather than on manu- 
facturing or local interests. In December, 1824, from the South 
Carolina Legislature were introduced resolutions on the tariff, and 
on internal improvements to this effect : that it was unconstitu- 
tional to tax one State for improvements in another State ; or to 
levy duties other than for revenue on foreign imports ; or to levy 
a tax for the support of domestic manufactures. Thus was opened 
the issue which culminated eight years later, at a period when the 
influence of Mr. Webster went counter to the last proposition of 
South Carolina ; though the distinct position of antagonism was 
not taken during the four years that Houston, in common with 
Webster, was in the House. In the final action, testing the merits 
of the bill, two of the Tennessee Representatives, one of whom was 
Houston, voted for, while seven voted against the measure ; a vote 
which tested the intelligent and independent judgment which 
ruled Houston as a young member. 

The honors paid to Lafayette brought out the peculiar cast of 
different leading minds, both in the Senate and the House. Two 
propositions were brought forward : the former to give Lafayette a 
formal reception in the halls of Congress, the latter to give him a 
grant of lands in the territory formerly belonging to France. 
Macon, the veteran North Carolina Senator, opposed both as a de- 
parture, the one from the simplicity, the other from the unselfish- 
ness which should characterize Republican leaders. In the House 
the vote for giving the public reception was carried by 166 to 26, 
Houston voting with the majority. The resolution to make the 
grant of lands also was passed by overwhelming majorities on 
these grounds : that the lands donated in 1803 to Lafayette in the 
Territory of Louisiana, directly after its purchase from France, 
whose value was regarded only a fair equivalent for actual money 
expenditures made by Lafayette in his long service rendered to 
the United States, had subsequently been claimed by a French 
resident as his property, and that Lafayette had relinquished the 
grant as a matter of individual justice. In addition to this grant 
Congress voted to refund to Lafayette his travelling expenses in- 
curred on his visit as the guest of the nation. It was at St. Louis, 
the ancient center of the line of French settlements which ex- 
12 



178 Ijife of Sam Houston. 

tended through Canada down the Mississippi to New Orleans, and 
it was in view of the French attempt under Washington, and then 
under Jefferson, to sever first the West and then the Southwest from 
the English-speaking States of the North and East, — it was at such 
a center, and in memory of these attempts at disunion, that La- 
fayette uttered these memorable words, addressing the Mayor of 
St. Louis, August, 1825 : "An union, sir, so essential, not only to 
the fate of each member of the confederacy, but also to the gen- 
eral fate of mankind, that the least breach of it would be hailed 
with barbarian joy, by an universal war-whoop of European aris- 
tocracy and despotism." No man in the country more appreciated 
these words than Houston. It was also during this visit, that, at 
Washington city, Lafayette predicted the gradual complete opera- 
tion of natural laws tending to the emancipation of African slaves ; 
as was recorded by G. W. Parke Custis, and published at the time 
in the '* African Repository." From the rapid spread of emanci- 
pation measures advancing southward from New England, meas- 
ures compelled by interest as well as principle, since a more pro- 
ductive class of labor was brought into competition with slave 
labor, Lafayette predicted that at an era not remote emancipation 
would gradually extend to the Gulf ; that thus the old French 
settlements would be overstocked with the colored population 
brought in from the North ; and, as a Frenchman anxious for his 
countrymen, he expressed the gravest apprehension for the future 
of the Gulf States. Trained as Sam Houston from childhood had 
been, sometimes side by side with negro and Indian laborers, as a 
hard-working yeoman, his whole heart from youth to old age cen- 
tred on the interests of the agricultural yeomanry who tilled their 
own lands ; and every one of his life-long appeals for union was 
inspired by the fact that the people at large wished to be left in 
peace to enjoy their homes, and not to be dragged against their 
will into what he to the last maintained were schemes of heartless 
politicians, only seeking personal ends of aggrandizement. 

During this early history of the United States, and amid this 
early civil training of Houston and of his compatriots, the modern 
questions of Civil Service, in both the fields now discussed, were al- 
ready debated. Attempts to civilize and educate the Indians in 
the Gulf States and in the Mississippi Valley, inaugurated under 
Mr. Monroe in 1819, and specially advanced by Mr. Calhoun as 
Secretary of War, before the organization of the Department of 
the Interior, were virtually a part of the Civil Service. In Decem- 
ber, 1824, the Secretary reported 32 schools, with 916 pupils, in 
successful operation ; a work only nominally connected with the 
War Department. Then, as now, the question was : Does the 



Houston's Circular on Congress as a "'Gourty 179 

genius of American institutions apply to other than white men, 
and is it the soldier or the teacher that is to civilize the red races ? 
Houston believed, because he had means of judging, that the In- 
dian, as well as the white man, was to be trusted in civil service. 
Yet more. Civil Service Reform was urged in precisely the same 
form, and on the same grounds as now. The venerated Macon, in 
February, 1823, as chairman of a committee of the Senate on Con- 
stitutional Reforms, proposed measures for diminishing and regu- 
lating the patronage of the Executive. Though the system of fill- 
ing subordinate offices with partisan political aspirants, irrespective 
of fitness, was not then, as under a later administration, inaugu- 
rated, the whole history of the Government, observed by himself 
personally, led Macon to see that only fixed tenure in office could 
secure the service of men devoted, not to a party, but to the inter- 
ests of the people. No man in Congress was more firm and faith- 
ful than Houston in uncovering, irrespective of party, malfeasance 
in office, as appeared in the next, the Nineteenth Congress, to 
which he was elected. 

The Presidential election, which was held in the autumn of 
1824, and reported to Congress in December, created divisions un- 
known before. Besides the candidates of the two great parties, 
two other candidates were in the field. General Jackson, put for- 
ward by the Democrats, received 97 electoral votes, having sup- 
porters in all sections of the country ; Adams, the Whig candi- 
date, received 84 votes, chiefly in New York ; Crawford, an Inde- 
pendent, received 41 votes, chiefly from Whigs, especially in Vir- 
ginia ; while Clay received 37 votes, mainly from the West, and, 
as was supposed, as a Democn-itic candidate. The election being 
thus thrown into Congress, as neither candidate had a majority of 
the votes cast, a union of the friends of Mr. Adams and Clay was 
formed ; Mr. Adams was elected to the Presidency, while Mr. Clay 
became Secretary of State. As this implied in Mr. Clay a virtual 
change in political principles, charges of corruption were of course 
naturally suggested, and Mr. Clay, late in the session, asked an in- 
vestigation. This Houston opposed. His reasons were given in a 
circular to his constituents, dated March 3, 1825. The substance 
of this circular, afterward published in Niles' Register, at Balti- 
more, May 28th, is worthy of reproduction, as it gives the balanced 
judgment of Houston on matters of civil and constitutional law. 
It is as follows : 

" Extract from a Circular of Mr. Houston to the Freemen of the Ninth Con- 
gressional District of the State of Tennessee, dated Washingto7t, D. C, 
March 3, 1825 : 

" At a late day of the present session an appeal was made by the Speaker of the 



180 Life of 8am Houston. 

House of Representatives, in his official character, requesting' an investigation 
of some charges that had been made against him by a member of Congress 
from the State of Pennsylvania, which appeared in the character of a letter in 
one of the public journals of that State. A motion was submitted to appoint a 
special committee for the investigation of the subject, which, after consuming 
two days in discussion, was adopted. To this course I was opposed, because I 
did not think that Congress had anything to do with a difference which had 
been made personal by the course pursued by the Speaker himself. The impos- 
ing situation of the Speaker of the House of Representatives is such, that I am 
never willing to give my vote for an extension of his power when I can either 
suspect the existence of personal feelings, or that there is even a remote possi- 
bility of rendering Congress a court of inquisition, or that it may become an en- 
gine of oppression to either members of the House or individuals in society who 
may choose to exercise their constitutional privileges in the expression of their 
opinions. 

" The courts in our country are open at all times to the redress of grievances, 
and to them individuals can have recourse, where justice can be administered to 
the party aggrieved. There, every man is presented upon a footing of equality, 
stripped of power and patronage ; no adventitious circumstances of official char- 
acter or extensive influence can bias the minds of an impartial jury. The case 
is then determined upon its merits. There is no danger in this course ; the Con- 
stitution has prescribed it. There is no danger of rendering it the fire-brand of 
partisan zeal. 

" But it will assume a very different aspect if Congress is to become a court 
for the trial of personal altercation and disputes. It will render it a scene of 
confusion, and the whole of legislation will become a scene of uproar, party 
rancor, and personal animosity. 

" The subject of the Presidential election, which agitated the American com- 
munity so long, and was of so much interest to the nation, has resulted in the 
election of a candidate who had not a majority of the votes in the Electoral Col- 
lege. Nor had he a majority of the members in the House of Representatives, 
but only a majority of the States. As our Government is, in all other respects, 
a representative Republic where the voice of the people governs, there must be 
a manifest defect of the Constitution in relation to the election of President. 
During the present Congress, various resolutions have been submitted to the 
House of Representatives proposing amendment, but none have yet been adopt- 
ed. That there is need for amendment of the Constitution we can not doubt, 
when we advert to the facts in the last election. One candidate had a decided 
preference in eleven out of twenty-four States by the people ; yet, when the 
power passed from their hands and devolved on the House of Representatives, 
the voice of the people was not, in many instances, regarded by their represent- 
atives, but their individual inclinations were, for some cause or other, pursued 
without reference to the will of their constituents. 

" The individual who was manifestly the choice of the majority of the people 
was not elevated to that distinguished situation for which his qualifications so 
pre-eminently fitted him, and to which the important services he had rendered 
to his country so richly entitled him. Another was chosen by the House of 
Representatives who had in his favor less expressions of national confidence, as 
manifested in the Electoral Colleges. This is a subject of serious consideration 



Houston on the House Military Committee. 181 

for the citizens of the United States, and it will be for them to say, on some sub- 
sequent occasion, whether their voice shall be heard and their rights respected, 
or whether they will tamely yield those inestimable rights to the unhallowed dic- 
tation of politicians, who may choose to barter them for their own individual ag- 
grandizement, or otherwise dispose of them contrary to the known will of their 
constituents." 

At the opening of the Nineteenth Congress, December, 1825, Hous- 
ton, having been re-elected, vi^as again placed on the Military Com- 
mittee of the House ; and soon he was drawn out in this and other 
relations. A widow of New Hampshire, who had lost a son in the In- 
dian wars, asked a pension, and Houston became her advocate. Mr. 
Webster called for information as to diplomatic relations with Cen- 
tral America ; and Houston sustained him. Mr. Calhoun, now out 
of office, asked, through representatives from South Carolina, an 
investigation as to charges of fraud in the War Department while 
he was Secretary under President Monroe ; Mr, Floyd, of Virginia, 
his friend, favored the request ; while Houston, though subjected 
himself while a lieutenant to unjust aspersion, showed himself im- 
partial toward the former Secretary. Mr. Webster, still pressing 
the claims of the Greeks, asked an appropriation of $50,000 to sup- 
plement private contributions sent them ; but Houston, with a 
large majority, voted against it as a matter for individual charity, 
not to be taken from the people at large. When final action on 
Mr. Webster's tariff provisions came up, though passed by 106 to 
95, Houston was with the opposers. 

Among resolutions expressive of censure on the course of the 
new Administration, was one specially touching the interests of 
the people ; which called out Houston's sustained and earnest op- 
position, and brought him before the country as an able debater. 
On the i2th of February, 1827, Gen. Saunders, of North Carolina, 
offered a resolution directing the Secretary of State, Mr. Clay, to 
communicate to the House " a list of all the newspapers in each 
State of the Union in which the laws of Congress were directed to 
be published in 1825-6 ; also, a list of such in which the laws are 
directed to be published in 1826-7, designating the changes which 
have been made, and the reasons for such changes." Gen. Saun- 
ders spoke at length on presenting the resolution ; and occupied 
the hour given to resolutions also on the 12th, and again on the 
14th and 15th. On the 17th Mr. Johnson, of New York, replied, 
opposing the resolution. His time having expired, Houston, who 
purposed to reply, asked an extension of Mr. Johnson's privilege, 
which was granted ; and he completed his argument on the 20th. 
On the 22d, Houston got the floor ; also again on the 24th ; when, 
not having fully completed his reply, the rare courtesy of suspend- 



182 Life of Sam Houston. 

ing the rule was accorded, that he might finish. No record of the 
course of argument which he pursued is found ; it was, doubtless, 
filled, like his reported speeches, with details of facts as well as 
with discussion of principles involved ; but Houston won a reputa- 
tion as a public speaker which he ever after maintained. The force 
of his reasoning is indicated by the fact that, on the 28th, Mr. 
Wright, of Ohio, felt called on, not only to reply to Gen. Saunders, 
but also to Houston. 
y^ The session of Congress having ended March 4, 1827, an event 
occurred whose like had been avoided in all his former life, as it was 
also avoided in all his subsequent life. This event brought out 
in a new light the character of Houston, and gave him a place m 
the esteem of the whole people of Tennessee, one of whose Con- 
gressional districts he had represented. The obnoxious Federal 
appointments in the new States, reaching to the removal of post- 
masters respected in the communities they served, and the substi- 
tution of mere political partisans in whom the people had no con- 
fidence, led from warm debate to personal collisions; into one of 
which Houston, despite his fixed rule of action, was drawn against 
his will. 

On the 2d June, 1827, the grand jury of Simpson County, Ken- 
tucky, found bills against C. M. Smith and Samuel Houston, both 
of Tennessee ; the former for murder, in killing Mr. Bank, of Ten- 
nessee ; and the latter for shooting, with intent to kill, Gen. White, 
of Tennessee ; which act, under the laws of Kentucky, was "felony." 
The Governor of Kentucky demanded the surrender of both from 
the Governor of Tennessee. As the shooting was the result of a 
duel agreed on by both parties, obedience to the summons was not 
expected. As Houston had acted only in self-defence, the tide of 
popular sentiment not only sustained him, but led to his nomina- 
tion and election as Governor. His popularity throughout the 
country is indicated in the fact that Niles' Register, of May i8th, 
Baltimore, Md., then the chief reporter of national events, gives a 
full report of Houston's speech previously made at Telico, Tennes- 
see, when called out by the people as their favorite. Replying to 
the charge that he was a duellist, he said " that he never could re- 
cur to the late exceptional event in his life but with mingled pain 
and thankfulness to that Providence which enabled him to save 
his person and his honor, and that without injury to his assailant. 
He had been, and still was, opposed to the practice of duelling. He 
had passed through the army without any act to sanction it. He 
had hoped to be as successful in civil life. The Federal Govern- 
ment, however, had made appointment of a postmaster opposed 
to the wishes of all the people, and of ten out of eleven repre- 



Houston^ s Early Ability in Delate. 183 

sentatives of the State in the two Houses of Congress. His re- 
monstrance was warm ; and hence the challenge, presented in pub- 
lic. He had risked his life in defence of his country, and he could 
do no less in defence of his honor. Thank God," he added, "that 
my adversary was injured no worse." 

This closing of the first stage of Houston's national career, as a 
calm review of the facts, indicated a moral courage and a true 
conscientiousness in his public bearing which reached a higher 
development in a future field. With noble impulses, with a daring 
and devotion equal to every emergency, his life, from thirty years 
of age to thirty-four, developed amid the turbulence of a new set- 
tlement, showed him worthy at this early age of being placed in 
the position of chief magistrate in a State crowded with adventurers 
and honored by the residence of citizens like his old commander, 
Jackson. 

The two following incidents of the session of 1825-6, indicate 
the marked ability of Houston as a young Representative from a 
youthful State. In the pressure and heat of debate of a bill mak- 
ing appropriations for public buildings, discussion had continued 
till near midnight. Under that pressure the bill had passed by a 
bare majority, and several members had already retired. The 
Speaker was about to sign the bill when, as the record states, Mr. 
Houston objected to the signing, asking if a quorum were present. 
The Speaker said that, as there was a quorum when it passed the 
House, there could be no objection. Mr. Houston urged that the 
rules of both Houses forbade it. Mr. Everett, of Massachusetts, to 
meet the emergency, proposed a joint resolution that the rule be 
set aside so that the bill might be signed. A call of the roll showed 
that a quorum was not present. Mr. Polk, of Tennessee, as it was 
Saturday, May 27th, and past midnight, protested against any far- 
ther legislation as an infringement of the Sabbath-day and of statutes 
relating to it. Mr. McDuffie appealed to Houston to withdraw his 
objection, as it was but a matter of form. Houston assured the 
House that no desire for captious obstruction, but "conscientious 
scruples " as to the violation of law led to his act ; and as proof of 
his sincerity, added, " I will with pleasure retire from the chamber 
while the bill is signed." Mr. McDuffie then began an argument 
to show that the Speaker might with propriety sign the bill ; but 
the Speaker, having examined the rule, interrupted him to state 
that he was convinced he could not legally sign it. The efforts of 
the officers of the House had meanwhile secured a quorum ; Mr. 
Everett's motion prevailed, the Senate concurred, the bill was signed 
according to law, and Houston's character was stamped for future 
success. 



184 Life of Sam Houston. 

The second, occurring at the same juncture, is thus presented in 
a brief article prepared by the writer for the daily press as these 
pages of Houston's Congressional career, prepared by him, are 
being revised for publication : 

" CIVIL SERVICE REFORM BEFORE JACKSON's ADMINISTRATION. 

" The discussion of this question of the age calls for two demands from im- 
partial judges : first, that the voice of the past be heard ; second, that partisan 
bias be silenced in listening to that voice. It is a common impression that 
Jackson originated, and that Marcy first formulated, the doctrine as to Ameri- 
can civil service, that ' to the victors belong the spoils.' Facts, however, attest 
that Jackson's course was but a reaction against previous abuses, as the two 
following testimonies show. 

" Under the genial administrations of Mr. Monroe, ' the era of good feeling,' 
the Post-Office, as well as other departments, had taken on those corrupt prac- 
tices which Amos Kendall, P. M. General under Jackson, was so efficient in cor- 
recting. The accession of Adams, by attempted changes in the West and South, 
little known to the President, only aggravated these evils. Sam Houston, then a 
young Representative from Tennessee, so won popular esteem by his effort to 
correct improper appointments that after two terms in Congress, from 1823 to 
1827, as to aid largely in his election as Governor. In one case, as Houston 
stated, a postmaster was appointed whom all the people whom he was to serve 
disapproved, and the appointment was made with the concurrence of only one 
of eleven members of the Senate and House from Tennessee. On the 8th Feb- 
ruary, 1826, the following resolution was introduced into the Senate by Hon. 
Nathaniel Macon, of North Carolina, who nad been in Congress from the open- 
ing of the second session in 1791 : 

" The election to the Presidency of J. Q. Adams by the Houses of Congress 
led to such a popular demand that a ' grand committee ' of both Houses was 
appointed to recommend an amendment to the Constitution which should here- 
after prevent such an occurrence. On the date mentioned Senator Macon 
moved the following : 

" 'Resolved, That the committee to whom has been referred the several reso- 
lutions to amend the Constitution of the United States be instructed to inquire 
into the expediency of diminishing or regulating the patronage of the Executive 
of the United States, with leave to report by bill or otherwise.' 

" The resolution was referred as proposed. On the 28th May following, the 
'grand committee' reported through their chairnan, Mr.. McDuffie : that they 
found it impossible to agree on any common plan for obviating an evil generally 
admitted ; and that because of the conflicting interests involved, both between 
the larger and smaller States, and between Federal and State rivalries. That 
Marcy in his oft-quoted statement had a spice of humor is manifest from his 
well-known character, and from the following incident : On the evening after 
his appointment as Secretary of State under Gen. Pierce, in a company who 
called for social courtesy, a committee of political aspirants were ushered into 
the Secretary's parlor. In pressing their claim, which sought removals of tried 
men of the former admi listration, Marcy 's famed expression was quoted to him ; 



Civil Service Itefonn and ^'' Plutocracy P 185 

when, treating it as a joke, he humorously exclaimed : ' But I never proposed 
the plundering of the camp of an ally.' The interests of the great question ot 
Civil Service Reform, now being examined from various points of view, make it 
wise that the entire history of the recognized demand be brought into review." 

In these movements for Civil Service Reform Houston sided with 
Nathaniel Macon, whom Jefferson called the "last of the Romans," 
and of whom John Randolph said : " He is the wisest man I ever 
knew." 

. Houston's relation to questions dividing the South and North, 
claiming, as he always did, to be a Southern man, is worthy of the 
more note because the result has proved that his balanced judg- 
ment saw aright the principles involved; and, that judgment was in 
accord with the views of Washington. When Washington urged 
the removal of the seat of Government from New York to Phila- 
delphia, and then again to the unsettled location on the Potomac, 
that it might be removed from the moral control of a city where were 
great commercial and manufacturing interests, as opposed to those 
of the quiet rural people at large, he had learned that human nat- 
ure was the same in the American States as at European courts. 
Urged by ambitious men, who expected to be lords, to form an 
Imperial Government, or one of force, he resisted ; for monarchy 
was not for Americans any more than for Romans, a rule to be 
submitted to. Next after this, as Aristotle in ancient philosophy, 
and Montesquieu in more modern philosophy, have shown both in 
theory and historic fact, comes the more subtle and successful 
effort of " plutocracy," or of landed associations, who could absorb 
by commercial monopolies the value of products which ought to 
be equalized among producers. The great statesmen of Virginia 
and of the South, representing an agricultural population, such 
men as Macon and the Barbours saw that the very influence Wash- 
ington sought to escape, followed the Government to its seat, 
wherever located. They saw, just as the people of New York city 
and State now see, that not only is " the price of liberty eternal 
vigilance," but that the price of just legislation for the people is 
more than eternal vigilance can meet. The cool, unsuspecting 
people at large, and their representatives unschooled in the schemes 
of moneyed centers by which tariffs, or the disposal of public 
offices, are made to promote their money schemes, the repre- 
sentatives of the great mass of the people are out-manoeu- 
vered by the wily politicians who represent moneyed aristocra- 
cies. The Southern representatives saw this evil growing to 
gigantic proportions, when, under Monroe, in his second admin- 
istration, the power of a Webster was thrown into the scale to 
make the interests of the agricultural districts pay for internal 



186 Life of Sam Houston. 

improvements and for revenue what indeed benefited all, while, 
nevertheless, the great resources were absorbed at a few commer- 
cial centers. Moreover, it was in the administration that preceded 
that of Jackson that the system of placing men in office who would 
aid these monopolies was inaugurated and pushed to an extreme ; 
and the revolution which led to the interested party-cry that Jack- 
son was the author of the " spoils system " in national offices, was 
but the doubtful policy of fighting an enemy with his own 
weapons. The Southern States were wronged by the measures 
against which South Carolina led her sister States in resisting. 
How to resist wisely, safely, and successfully was the vital ques- 
tion. Neither Jackson nor Houston believed that disunion was the 
true and sure way to rectify the wrong. As Washington preserved 
a balanced mind and a steady hand amid baffling gales, so, as the 
result has shown, safety and success were to be secured by other 
means than force. Jackson only hi?ited, in the crisis of 1830-33, 
what Houston was called to maintain, from that period till the 
bloody catastrophe of 1860-61. 



CHAPTER XX. 

Houston's Entrance into the U. S. Senate, March, 1846— Questions of the Day 
— Movements of Interest. 

IN the diary of John Quincy Adams, recently published, is this 
record under date of March 29, 1843; at which time, as a 
member of the House of Representatives from Massachusetts, he, 
as ex-President, was opposing President Tyler's plan for the an- 
nexation of Texas to the United States. Mr. Adams says : "With 
the commencement of my administration I appointed Poinsett 
Minister to Mexico, and Mr. Clay instructed him to propose the 
purchase of Texas. This they declined ; but two years after, the 
proposition was renewed." In the same diary, under date of April 
i8th, three weeks later, Mr. Adams records, as to an act of his ad- 
ministration : " Poinsett, under instruction from H. Clay, approved 
by me, had proposed and urged the purchase of Mexico for one 
million dollars." Another record states that Spain was sounded 
as to the purchase of Cuba, but that the Spanish Government, 
taking alarm, secured the remonstrance of England, and the threat 
of war, should forcible means be used to bring Cuba into the 
American Union. This revelation of what was in the mind of 
President Monroe when through Adams, as his Secretary of State, 
he announced the Monroe doctrine, or rather what was in the mind 
of Mr. Adams, is most suggestive as to the distinction between the 
statesman and the politician. It certainly prepares the student of 
Houston's life to judge his character for wisdom and integrity in 
the history of events which brought that same Texas twenty years 
later into the Union, with Sam Houston as its special representa- 
tive in the Senate. 

For eighteen years, closing with his second term in the House of 
Representatives, in March, 1827, Houston, becoming first Governor 
of Tennessee, then an exile among the Indians west of the Missis- 
sippi, and then the hero of Texas, had no other connection with 
the United States Government than as a delegate from the Arkan- 
sas Indians, and then as negotiator for the annexatien of Texas. 
A complicated succession of events must have come over the affairs 
of the United States Government during that brief period, in order 
that Mr. Adams, a leading actor meanwhile in all those affairs, 
should be led to make this ingenuous statement of facts as to his 

(187) 



188 Life of Sam Houston. 

own changed position. In order that Houston's course may be 
accurately viewed on his entrance into the Senate, a review of the 
progress of policy as to the leading measures before Congress 
when he was a Representative of Tennessee must be briefly 
traced. 

During the four years of Houston in the House, from 1823 to 
1827, as we have observed, the five agitating questions were the 
tariff, internal improvements, slavery, Indian policy, and foreign 
policy as to North American territory ; while the Presidential elec- 
tion was an occasion every four years for the discussion of each 
and every question as it affected the several States. As observed, 
the tariff touched chiefly the interests of the New England manu- 
facturing States, and of the Gulf or cotton-growing States ; inter- 
nal improvements were interests affecting mainly the advance of 
the Middle and Western States ; slavery was a question of senti- 
ment in the extreme North, and of practical life in the extreme 
South ; while the Indian policy and foreign policy toward the 
English colonies on the north and the Spanish settlements at the 
southwest, was a question, indeed, of national sentiment, while it 
was vital mainly on border territory. 

The intense excitement following the election of President 
Adams by Congress, which led to the election of President Jack- 
son for two terms, was followed by a new era in Presidential 
elections. During forty-eight years, from 1799 to 1837, there had 
been but seven distinct administrations ; the doubje terms of 
Washington, Jefferson, Madison, Monroe, and Jackson, and the 
single terms of the two Adamses. From that period, while Hous- 
ton was prominent in national affairs, during twenty-four years, or 
half the former period, from 1837 to 1861, there were eight distinct 
administrations, the single terms of Presidents Van Buren, Polk, 
Pierce, and Buchanan, with the intervening half terms of Presi- 
dents Harrison and Tyler, of Taylor and, Fillmore ; parties suc- 
ceeding each other, not only each four years, but intermediate be- 
tween these successive elections. Since Houston left the House in 
1827 the eighteen years of his absence from the Capitol had wit- 
nessed the administration of six successive occupants of the Presi- 
dential chair. 

Meanwhile, the policy as to internal improvements had become 
so common an interest as to be generally accepted ; the removal of 
the Indians west of the Mississippi had quieted border agitation ; 
the foreign relations of Canada and Mexico had little to enlist pub- 
lic interest; and the Missouri Compromise had, for a quarter of a 
century, accomplished an end of deferring conflicting issues till the 
occupation and annexation of new territory should revive it. As 



Wehste?' and JVulIifaation. 189 

we shall see, each of these questions that had in turn been appar- 
ently settled, were only deferred; except the tariff and internal im- 
provements. The latter of these was practically settled during 
Houston's connection with the House, and the latter was battled 
through during his absence. Each of the three remaining ques- 
tions, relations to the African, Indian, and Mexican races, by the 
annexation of Texas and the entrance of Houston again into Con- 
gress, were to be rediscussed under new circumstances, and to be 
settled under new complications. 

The question " battled through " during Houston's separation 
from Congress, as intimated, was the tariff. As already noted, 
Daniel Webster, who in the history of the American Union will, 
from the force of succeeding events, be regarded the exponent of 
a tariff for protection rather than for revenue, was really, at the 
commencement and to the close of his career, the student of a 
revenue system which should promote commerce rather than 
manufactures ; inviting, instead of excluding, the purchase of 
foreign products, and seeking, by a careful observation of the 
effect of a high or low tariff, to so adjust the amount of revenue 
levied on foreign goods as to promote at the same time the wish 
of the people who bought, and of the Treasury w^hose chief sup- 
ply must come from that revenue. No man, in the history of the 
American Union, brought more careful observation of facts, and 
more sagacious adaptation of legislation to this end, than did Mr. 
Webster; and that this was his ruling aim his whole course in Con- 
gress indicates. Having pursued with success this aim in the 
House, from 1823 to 1827, he consented to come into the Senate, 
where he was prominent from 1827 to 1841. In 1828, though from 
expediency personally advocating a different course, he gave his 
adhesion to the high protective tariff which bore unfavorably on 
the interests of the cotton-growing States. Elected in 1828 as 
President, aside from this issue, Jackson was understood to be op- 
posed to the measures fixed under the administration of President 
Adams. Submitting for two or three years to its depressing influ- 
ence on her productive industry, South Carolina called a conven- 
tion of her citizens, whose representatives, recurring to the injuri- 
ous requirement before acted upon, that the State should be taxed 
to pay for internal improvements in whose benefits she had no 
share, now urged more strongly the prostration of her industries, 
which the high tariff for the protection of Northern manufacturers 
had produced. In November, 1832, just after the vote which was 
to make Jackson President for a second term, the Convention of 
South Carolina passed the ordinance of " Nullification," so called 
from these declarations : — That the existing ordinance of Con- 



190 Life of Sam Houston. 

gress as to the tariff is " null and void, and no law, nor binding on 
this State, its officers, or its citizens"; and farther declaring that 
no *• duties on imports "were to be "paid within the State after 
Feb. I, 1833"; adding, that any effort on the part of the Federal 
Government to enforce such collection would "justify the State in 
no longer regarding herself a member of the Union." The report 
of this action led President Jackson to give orders to the revenue 
officers which should prepare them for action should occasion 
arise. At the opening of Congress, Dec, 1832, he announced his 
purpose to issue a proclamation, declaring the resistance to a col- 
lection of the revenue at the ports of any State to be treason to 
the United States Government; which proclamation soon appeared. 
Through the efforts of Mr. Clay, a compromise measure modifying 
the tariff was carried through Congress, and the danger of armed 
hostility was avoided. It is due to history, and to an impartial 
estimate of the course of Sam Houston as Senator from Texas, to 
state these facts : Gen. Jackson in his Cabinet, as well as in pri- 
vate, declared as his belief that the movement for separation from 
the Union, debated by Mr. Webster and Hayne in 1830, with such 
ability in the Senate, precipitated in the calling and action of the 
Convention of November, 1832, was not a suggestion either of the 
statesmen or of the people of South Carolina ; but that it was the 
project of interested political leaders, inflaming public sentiment 
for their own personal schemes of ambition. President Jackson 
believed and declared that the real end sought was that of Genet, 
in seeking in 1793 to form a Western French Republic, uniting 
Louisiana, along the Mississippi Valley, to Canada ; an end again 
attributed to Aaron Burr, in seeking to form a Spanish and 
French empire, in which the Floridas, Louisiana, and Mexico, in 
1806 ; and, though a Carolinian by birth, he went so far as to utter 
privately the prediction that, having failed of its end in 1832 on the 
issue of the tariff, the slavery issue would be resorted to by the 
same spirit of dissatisfied political ambition to secure a separate 
confederacy of the Gulf States. This prediction, known to Hous- 
ton, was certainly, in him, a deep and the ruling conviction, while 
the duty which guided Jackson, in 1832, seemed to him duty 
in i860. 

The proposition for the annexation of Texas, privately and pub- 
licly discussed under the administration of President Tyler, had 
awakened throughout the country a controversy whose considera- 
tion belongs rather to the history of Texas than of Houston ; the 
Washington who as " first in war " had already proved himself 
" first in peace " in the new and independent Republic. All the 



Texas Annexation under Polk. 191 

exciting questions, before partially settled, became unsettled.,'^ 
When, at last, in March, 1845, just at the close of President Tyler's^/ 
term, Texas was proffered terms of proposed union, among 
the objections of the opposers, that of the increase of slave ter- 
ritory was prominent. On this Webster planted himself ; and 
during the debate uttered that memorable foreboding, framed in 
the words of the Hebrew prophet (Hos. vii. 9), as to the premature 
old age of Ephraim, as the representative of the divided kingdom 
of Israel ; exclaiming, as he pictured what he regarded the weak- 
ness of the American Union — " Yea, gray hairs are here and there 
upon her, and she knoweth it not." Yet more, the annexation 
brought new Indian tribes bordering on Texas, before a virtual 
part of the constituency of the Mexican States, into a relation new 
to them, as wards of the Anglo-Saxon Republic. Most of all, diffi- 
culties before existing with the Mexican Government were magni- 
fied by Texan annexation ; so that the flames of open hostility 
broke out. 

For an entire year before Houston entered the United States 
Senate virtual annexation, under President Polk, had existed. As 
a Representative from Tennessee, entering the House in 1824, one 
year later than Houston, Mr. Polk, among the most decided of op- 
ponents of internal improvements, of a protective tariff, and of 
restriction of slave territory, had been elected specially as an advo- 
cate of Texan annexation in its bearings on the questions then di- 
viding political parties. The issue of extended slave territory was 
settled for a time when Texas was annexed ; but it lived in mem- 
ory, and would come up again in discussion when other issues, 
resulting from annexation, arose. The new Indian relations, since 
they were local, affecting chiefly the people of the new State, and 
calling for the intervention only of the regular army, awakened 
very limited popular interest. The vital issue was a threatened 
war with Mexico, which called forth discussion throughout all the 
States, since volunteers, as well as regular troops, were demanded 
to meet the exigency. At this juncture Gen. Z. Taylor, who proved 
to be successor to Mr. Polk in the Presidency, and who since 1812 
had risen in esteem as a soldier and commander on the western 
and southern frontier, especially in Indian wars, was in Arkansas, i 
-©n-the 28th May, 1845, he had received instructions from the War / 
Department, then presided over by Gov. Wm. L. Marcy, "that/ 
Texas would shortly accede to the terms of annexation," and was 
ordered to collect and dispose the troops in the Southwest, so as 1 
to be in readiness to protect the border from " foreign invasion \ 
and Indian incursions." In March, 1846, he was ordered to ad- 



192 Life of Sam Hovston. 

vance to the Rio Grande, which river was claimed as the border 
line between the State of Texas and Mexican territory. When 
ordered by the Mexican General Ampudia to retire beyond the 
Nueces, a river running to the Gulf some fifty to one hundred 
miles farther north, the succession of hostilities began which 
formed the opening stage of the Mexican war. It was during that 
same month of March that Houston took his seat in the United 
States Senate. 



CHAPTER XXI. 

Houston in the United States Senate under President Polk, March, 1846, to 

March 4, 1849. 

I^HE records of the Twenty-ninth Congress, whose first session 
was held from December i, 1845, to August 10, 1846, have 
these entries : "Texas: Senators, Samuel Houston, took his seat 
March 30, 1846 ; Thomas J. Rusk, took his seat March 26, 1846, 
Representatives: David S. Kaufman, took his seat June i, 1846; 
Timothy Pillsbury, took his seat June 10, 1846." As Senator 
Rusk was the first to arrive, four days after he had been intro- 
duced to the Senate and had been qualified, it was his office to 
introduce his colleague, who likewise took his oath a second time 
to defend the Constitution and laws of the United States ; an oath 
never to be abjured till his quiet death at home in 1863. 

It was a marked coincidence that Houston should have entered 
Congress again after eighteen years with these three suggestive 
confirmations of the principles he had unswervingly maintained : 
first, to be associated with the same great leaders whom he had 
met in the House ; second, to meet them when, after the tests of 
their extreme principles resulting from the experience of twenty 
years, the ardor of youthful convictions was tempered by age ; and 
third, to find the Union of the States such that no conflicts of po- 
litical leaders, then met in Congress, and afterward met on the 
field of battle, could overthrow the equilibrium of balanced rights. 
As we have observed, James K. Polk, then a fresh Representative 
from Tennessee, was now Chief Magistrate. In the Senate were 
the three great leaders, Webster, Clay, and Calhoun ; the first 
made to yield to a low tariff, and specially conciliatory on the 
question of slavery ; the latter after the honors of a War Secretary, 
and of the Vice-Presidency, calm and courtly, though unchanged 
in his theoretical convictions ; while the second was, as twenty-five 
years before, the same leader in compromise and pacification. Be- 
sides these, conspicuous in the Senate were the Claytons of Delaware, 
Yulee and Westcott of Florida, Berrien and Colquitt of Georgia, 
Bright of Indiana, Crittenden of Kentucky, Soule of Louisiana, 
Evans of Maine, Reverdy Johnson of Maryland, Davis of Massa- 
chusetts, Cass of Michigan, Walker of Mississippi, Woodbury of 
New Hampshire, Dayton of New Jersey, Dickinson and Dix of 
13 (193) 



194 Life of Sam Houston. 

New York, Badjer and Mangum of North Carolina, Buchanan and 
Cameron of Pennsylvania, Greene of Rhode Island, Butler of 
South Carolina, and Mason of Virginia. In the House, too, were 
both brilliant and balanced men ; some with a past of weight, and 
some with a future of promise ; while conspicuous above all was 
ex-President Adams, styled "the old man eloquent," not from the 
grace, but from the fervor of his utterances. 

The questions on which Houston during Polk's administration 
was called to take decided ground were the Oregon boundary 
treaty, the Mexican war, and the incorporation of the Texan navy 
into that of the United States ; and as these had each collateral 
and associated issues, there were no less than seven different occa- 
sions on which he was specially called out. The engrossing ques- 
tion on his entrance into Congress was the Oregon boundary ; the 
discussion involved questions of territorial extension at the North, 
which led to review of those made at the South ; and yet more, the 
debate brought in various suggestions as to armed conflict with 
England and other European powers on account of territory 
claimed upon the American continent ; this again to criticisms of 
men and measures, especially of Mr. Clay, as the champion of 
home compromise, and of Gen. Jackson, as the hero of foreign 
war. The first set speech of Houston in the Senate, reported at 
length in the Congressional Globe, though its connections were logi- 
cal to his fellow-Senators, might perhaps seem discursive and almost 
pointless to the reader unfamiliar with the varied issues which he 
was called to meet. The pending question before the Senate was 
the message from the President asking concurrence in his purpose 
to give notice to Great Britain that the United States would abro- 
gate on a certain day the treaty as to the line between the British 
and American territory on the Pacific coast. The recognized princi- 
ples of international law controlling the case were : first, the right 
of prior discovery ; second, of military occupation ; third, of colonial 
settlement. In modern, as in ancient diplomacy, all civilized na- 
tions were agreed that, first, when any nation, through its citizens, 
has discovered unoccupied territory, the prior claim to future oc- 
cupation belongs to that nation ; that, second, this claim of prior 
discovery is superseded if, before the territory be occupied, an- 
other nation has taken military possession by planting their flag, 
and leaving a permanent military force in charge ; and that, third, 
civil occupation by a colony of settlers who make improvements in 
cultivated lands and permanent dwellings, may supersede the claim 
of military occupation. As to the Oregon territory, all agreed that 
the prior discovery was that of Spain ; since De Fuca, in 1592, and 
Admiral Fonte, in 1640, as also later explorers, had traversed and 



Houston on " The Oregon Boundaryr 195 

mapped the coast nearly up to 55° north latitude ; that the cession 
by Spain of the Louisiana Territory to France, and in 1803 the ces- 
sion of that Territory to the United States gave all Spanish right 
on the Pacific coast north of 42° ; a cession in words repeated 
when, in 1819, Florida was ceded by Spain to the United States. 
Passing from the first claim, that of prior discovery, to those of 
military and civil occupation, the United States Government in 
1804-5 had made, through Lewis and Clarke, a complete survey of 
the Columbia River ; in 1810 Captain Winship, of New England, 
had erected a house on the river ; in 181 1 Astoria, made famous by 
Irving, was planted as a military and trading post by the eminent 
New York family ; these had been captured by the Hudson Bay 
Company during the war with Great Britain in 1813 ; a treaty of 
Joint occupancy had been concluded in the interest of that com- 
pany simply as a hunting ground in 1818 ; a permanent band of 
settlers from the United States began to plant and build in 1832, 
against which the Hudson Bay Company set up a claim because 
of slight culture by hunters, not by families ; and in consideration 
of all these facts the three rights of possession seemed clear to the 
American people. Hence the popular demand, based on the 
Spanish discovery transferred by treaty to the United States, found 
expression in the rally-cry, "Fifty-four-forty, or fight"; whose in- 
genious alliteration added to the ingenuous fervor of the American 
claim. It was in view of these established principles of interna- 
tional law, as they bore on Great Britain's claim, as well as in view 
of all the home questions brought into the debate, that on the 13th 
April, 1846, only two weeks after he had taken his seat in the Sen- 
ate, Houston arose and gave notice, as was necessary in order to 
secure the floor, of his purpose to discuss the questions at issue in 
the debate to which he had listened. On the 15th April, two days 
later, his speech was delivered, of which the following is an out- 
line. 

* It had been said that if notice were given it might lead to war ; 
since England had given no evidence that she wished to negotiate. 
As to war, it is a state of things to which every nation is subjected 
that has advanced as rapidly as we to the highest rank. It is our 
duty to follow the maxim of the Father of his Country: In time of 
peace prepare for war. As to compromise, the suggestion would 
make Great Britain more aggressive. He quoted from the London 
Times to show that English sentiment was but apathy. He did not 
agree with the suggestion that public sentiment would settle on 49°. 
He denied that the annexation of Texas was aggression on 
Mexico, as the English press intimated. The English press paid 
little respect to the English public ; which is without power. The 



196 Life of Sam Houston. 

American public is quite another thing. Here the multitude is 
omnipotent. The settlers in Oregon have a strong claim to protec- 
tion. He gave a history of the proceedings of the United States 
as to Texas, and said : " While she was poor her call was disre- 
garded, but when she had power she was courted. When she could 
bring a kingdom for her dowry, and a nation for her jewels, she 
was received on an equality as a sister State." War, it had been 
stated by Mr. Macon, is necessary once in every generation, or thirty 
years. It has some advantages ; among which were the draining 
off of the restless and dissatisfied, who might be killed off to the 
benefit of the remainder of society. It also was a means of dis- 
ciplining men to habits of subordination, to rules of order. He 
paid a passing tribute to Gen Jackson, stating that whether his 
policy was, in the abstract, right or wrong, he had built up the 
glory of the country. " Tell," he exclaimed, " the hero who has 
fought your battles victoriously, that he shall be disqualified for 
civil office, and how many will you find hereafter willing to expose 
their lives on the field of death ! " He would never encourage the 
dread of military chieftains. They are men like others, subject to 
common infirmities ; but public sentiment would apply a sure cor- 
rective.* 

Mr. Crittenden next day continued the debate. He said that Mr. 
Jefferson, in 1807, wished to extend settlements beyond the Rocky 
Mountains. Mr. C. was in favor from history of giving the notice. 
The danger of war would influence both nations. If any princi- 
ple of honor was at stake, as the Senator from Texas had intimated 
yesterday, the cost of war ought not to be counted. Yet it should 
be avoided if possible. He smiled at the attempt of the Prussian 
king, and of M. Guizot, the French statesman, to keep the balance 
of power, for nature will give us the dominion. But he could not 
go with the Senator from Texas in declining compromise. 

Here Gen. Houston interposed that the Senator from Kentucky 
had improperly committed himself to an unpatriotic concession. 
Mr. Crittenden responded : '* The Senator from Texas does not 
bring back to the brotherhood, to which he has been readmitted, 
warmer American feeling than he found here around him." Vari- 
ous amendments were proposed ; Houston adhering to strong 
statement. The final vote for giving the notice was passed, 40 to 
14. In this debate Houston showed himself the peer of statesmen 
like Crittenden and Webster ; the military spirit only adding decis- 
ion to the cool judgment of the civilian. 

On May 28th Houston proposed a vote of thanks and a sword to 
Gen. Taylor, for his victory at Buena Vista, near the borders of 
Texas. It was referred to the Committee on Military Affairs ; 



Houston and the Texan Navy. 197 

Houston replying to objection made because others were equally 
deserving, that while States had given swords to subordinate 
officers, Congress had only given them to commanders-in-chief. On 
June i8th, Houston reported from the Committee on Military Affairs 
a resolution, which passed July 7th, giving a vote of thanks to all 
the troops engaged, and a medal to Gen. Taylor. He also recom- 
mended payment to volunteers called out by Gen. Gaines for the 
Mexican war. On June 24th he sustained a resolution, proposed 
by Mr. Benton, but opposed by Mr. Crittenden, giving the Presi- 
dent authority to select Brigadier-Generals outside of the State 
where the troops were raised ; a measure whose wisdom secured, 
after long debate, the concurrence of the Senate. Meanwhile an 
elaborate report on the surveys and defence of Texas was brought 
out under Houston's supervision. 

On the 31st of July Houston made an elaborate speech on 
incorporating the navy of Texas into that of the United States. 
He dwelt on circumstances of the annexation, showing from 
official documents that the overtures originated with the United 
States ; he declared Texas never would have accepted those 
overtures if she had supposed her navy was to be excluded ; and 
he urged that the Senate see to it that the honor of the United 
States, again and again pledged, be redeemed. Thus, in every 
measure relating to the foreign and domestic policy proposed, 
Houston showed himself at the outset of his Senatorial career, in 
this, his first session, to be a master in all practical matters dis- 
cussed. In this first session also he renewed, and ever afterward 
continued, his careful scrutiny of bills for public service rendered ; 
analyzing items, and insisting on economy in the accounts pre- 
sented by the Committee on Printing. 

The Thirtieth Congress, the second during President Polk's ad- 
ministration, whose first session lasted from December 6, 1847, to 
August 14, 1848, and its second session from December 4, 1848, to 
March 3, 1849, brought out Houston before new hearers, and to 
meet new issues. As new Sen-ators came, Jefferson Davis, of Missis- 
sippi ; Stephen A. Douglas, of Illinois ; R. M. T. Hunter, of Vir- 
ginia ; J. P. Hale, of New Hampshire ; John Bell, of Tennessee ; 
Hannibal Hamlin, of Maine ; and the two Dodges, father and son, 
the former, Henry, and the latter, A. C. Dodge, representing respect- 
ively the newly-admitted States of Wisconsin and Iowa. In the 
House, Robert C. Winthrop, of Massachusetts, had been made 
Speaker ; while also Abraham Lincoln, then giving no special 
promise for the future, came to spend his only two years as a Repre- 
sentative of Illinois. The entrance of these men, associated with 
the two great parties which were becoming more and more antago- 



198 Life of Sam Houston. 

nistic, as the ranks of earnest champions increased, gave a new field 
for address to Houston as umpire and harmonizer. The occasion 
to call him forth did not long delay. The Mexican war and the 
Northwest boundary were still absorbing questions. The British 
Government had, in 1846, assented to a treaty, fixing 49° N. lat. as 
the boundary westward to the Straits of Fuca ; but the running of 
the line thence to the sea-coast was still in dispute. The advance 
of Gen. Taylor into Mexico, on the Texan border, had been found 
to be impracticable, because of the impassable roads and supplies ; 
Gen. Scott had, in November, 1846, been ordered to enter on a cam- 
paign from the port of Vera Cruz, to the City of Mexico. Bills for 
raising troops for temporary service, and for an appropriation of 
|!3, 000,000, to secure a just peace with Mexico, were discussed in 
January and February, 1848, in the Senate. The debate took a 
wide latitude, bringing in side issues relating to the integrity of 
the administration ; the President and his adherents being charged 
with bringing on a needless war ; the whole history of the settle- 
ment of Texas, and of the character of its settlers, being criticised ; 
while a measure for the expulsion of the Senate printer entered 
into the controversy. Houston spoke for two entire days, the re- 
port of his speech filling thirteen columns of the Congressional Globe. 
He replied at length to Mr. Crittenden ; who opposed the pro- 
vision that field officers should not be elected by their regiments; 
Houston urging that a citizen soldiery always had demanded that 
their military as well as civil leaders should be the men of their 
own choice, and that thus alone would an army of volunteers, like 
a community of free citizens, submit to law and prove efficient in 
service./ On the second day he traced the history of Texan settle- 
ment, and of the Mexican Government from the time it became 
independent of Spain. After Mexico had become a Republic, a 
New England colony, headed by Moses Austin, obtained a grant of 
land with the pledge of Republican institutions ; the Mexican Con- 
stitution of 1824 giving them this guarantee. Santa Anna, how- 
ever, became Dictator, establishing Imperial Government, and thus 
subverted the Constitution. The settlers bore the wrong patiently 
till 1833, and they then demanded only a State Constitution, under 
the Federal Republic of Mexico. From October, 1835, to March, 
1836, they were under a Provisional Government only, not asserting 
independence. The assault on the Alamo by 9,000 Mexicans, its fall, 
and the massacre of its entire garrison, roused the people to resist- 
ance, and they acted as did the American fathers in 1776. And, 
now, the present war, brought on by the annexation of Texas, was 
not a measure forced on the country by the President. There was 
a dispute as to the boundary of Texas when it was incorporated 



Houston on Mexican War Questions. 199 

into the United States ; and Houston read the documentary testi- 
monies that the United States only demanded what had been con- 
ceded. He said the cause of the dispute was the fact, that constant 
revolutions in Mexico brought in leaders who renounced the bind- 
ing authority of treaty stipulations. He stated : "There have been 
no less than three revolutions in twelve months." Here Mr. 
Benton in his seat added : " There have been seventeen revolu- 
tions in twenty-five years." "And yet," rejoined Houston, "we 
regard her as an organized Government, and not entitled to 
chastisement ! The declaration of war against her was almost 
unanimous in the United States Congress last session. And, 
therefore," he added, making use of a Bible reference, after the 
manner common to the older American statesmen — "therefore, the 
President is as Moses, who, when it was necessary that Israel should 
go on, sent for Joshua and commanded him, as General, to lead on. 
And we of the Senate, as Aaron and Hur, so should we uphold the 
hands of our President, and smite Mexico with the sword ! " 

The second session brought Houston forward on past and on new 
issues. The Mexican war had closed, and the terms of peace were 
to be considered. Having taken Vera Cruz, March 29, 1847, and 
with an army of less than 12,000 men, having driven before him an 
army of some 30,000, past successive fortresses, till on September 
14th, the City of Mexico was entered, negotiations for peace had 
made the war indemnity, since Mexico had no money to give, the 
cession of the territory on the north of Mexico, including New 
Mexico and Upper California. The title to this territory, lying as 
it did between 32° and 42° N. lat., was associated with that of Ore- 
gon, since it was directly connected with the territory expressly 
ceded by Spain to the United States, on the purchase of Florida. 
The question of the future introduction of slavery was naturally 
mooted ; since though slavery had been abolished by Mexico, as 
American territory it might become subject to the application of 
the Missouri Compromise, which admitted slavery south of 2,^° 30' 
N. lat. 

Several minor topics, debated by Houston, led on to his second 
great speech on the Oregon question. On the 24th January, a reso- 
lution was offered in the Senate asking of the President of the 
United States whether the President of Mexico was authorized to 
cede territory. On the 29th January Gen, Dix discussed the le- 
gitimacy of annexing territory as a war indemnity. He called at- 
tention to the statement of Guizot, then Prime Minister of France, 
that the three powers contending for American territory were 
Great Britain, the United States, and Spain, and that " it belonged 
to France to protect, by the authority of her name, the independ- 



200 Life of Sam Houston. 

ence of these States and the equilibrium of the great political 
forces in America." Meanwhile, in Feb., 1848, Louis Philippe was 
driven from France and the Republic re-established ; when, on the 
loth April, Houston brought into the Senate a resolution of sym- 
pathy with France in her re-establishment of Republican institu- 
tions. On May 9th he introduced a resolution providing for the 
taking military possession, by the United States, of the province of 
Yucatan, in order to protect the people of that province from the 
Indians, urging — "We should anticipate other nations in providing 
this protection "; and he repeated that the annexation of Mexican 
territory by the United States had been a blessing to the people. 
He introduced, also, petitions urging measures for the preserva- 
tion of the Indians. The debate on the Yucatan resolution was 
for some days discussed; Houston urging that his measures were 
the only ones that would secure permanent safety and peace. In 
June, debate was again resumed on the Oregon question, and the 
debates on this and kindred topics ran parallel. The point of spe- 
cial controversy was the anti-slavery clause in the Oregon bill. 

The question of slavery had been feared in admitting Oregon as 
a Territory. If any laws inserted in the territorial code were in 
violation of any right granted by the law or Constitution, and by 
them vested in or secured to citizens of the United States, or any 
of them, those laws could be revised when the Territory applied 
for admission as a State. In the debate on the Oregon bill, all 
leading Northern and Southern Senators were agreed in admitting 
that the ordinance of Virginia, ceding in 1787, to the United 
States, her territory north of the Ohio River, had a bearing on ter- 
ritory farther West. Petitions for abolition, the Abolition Conven- 
tion at Buffalo, could not affect this question. He wished to make 
his position known, not only on this continent, but that his views 
should be blazoned forth to the world. Texas, divided by the 
line of 36° 30 m., had come in, and on it she was willing to stay. 
Its extension to 42^ in Oregon did not affect the Southern States. 
Thirteen Northern Senators had voted for the admission of Texas, 
and he was willing to vote for Oregon with slavery forbidden. He 
remembered the cry of disunion and nullification when the high 
tariff was imposed. That cry reached him in the wilderness, an 
exile from kindred, friends, and sections ; but it rung in his ears 
and wounded his heart. Now, however, he was in the midsi of such 
a cry, and he was bound to act as a man, conscious of the solemn 
responsibility imposed on him. He had heard the menaces and 
threats of dissolution until he had become familiar with them, and 
they had now ceased to produce alarm in his bosom. He had no 
fear of the dissolution of the Union when he recollected how it had 



Houston's Eulogy on Calhoun and Clay. 201 

been established and how it had been defended. It could not be 
the interest of the North to destroy the South. He thought that 
the South — and he was a Southern man — should make some sacrifice 
to reconcile the North. He made a humorous allusion to Mr. Van 
Buren's course, saying, that when he announced himself " a North- 
ern man with Southern principles," that alone should have put the 
South on their guard. Referring to Van Buren's intimacy with 
Gen. Jackson, he exclaimed : " If the vision of the stern old war- 
rior could break upon him, as that old man, if living, would have 
looked on his traitorous course, the glance of the warrior's eye 
would exterminate him where he stands, and would leave not a 
spot to mark the place ! " He went on to show the mutual depend- 
ence of the North and the South ; the one for raw material, the 
other for manufactured fabrics. He protested against cries of dis- 
union, and against every attempt to traduce the Union. He was 
of the South, and was ready to defend the South ; but he was for 
the Union. The Union was his guiding star, and he would fix his 
eyes on that star to direct his course. He would advise his friends 
of the North and South to pursue measures of conciliation. 

Here Mr. Calhoun and Mr. Butler, both of South Carolina, in- 
terposed. Mr. Calhoun said there had been no threats, while Mr. 
Butler asked if a convention of the South were treasofi. Houston 
replied with warmth : " Certainly not ! The South would have a 
right to hold a convention, and raise a puny war against the 
women and children who get up abolition papers, or against the 
Abolition Convention at Buffalo "; and he *'had seen a much more 
respectable convention of buffaloes ! " He would never go into a 
Southern convention. He would never aid in any scheme to bring 
about a dissolution of the Union. 

At the evening session, the same day, several Senators spoke ; 
among them Messrs. Yulee of Florida, Benton of Missouri, and 
Webster of Massachusetts. Houston was again called out, and 
addressed the Senate at length. As the record of the reporter 
states : '' He paid a beautiful tribute to Mr. Clay, declaring that 
he deserved to have a statue erected to his memory in the rotunda 
of the Capitol, for his stand for thirty years, ever since the admis- 
sion of Missouri, on behalf of compromise." At this point, says 
the record, " there was an involuntary burst of applause from the 
galleries and lobby, both of which were densely crowded, that 
could not be suppressed." This expression many Senators, both 
from the North and South, declared their disapproval of ; but Mr, 
Dickinson, of New York, apologized for it as involuntary. Two 
days later, on the 14th August, when final action was to be taken, 
Houston again addressed the Senate. He said : 



202 Life of Sam Houston. 

" He was deeply impressed with the importance of this subject. As in the 
admission of Texas, the measure had been passed by a small majority. He was 
actuated by as high, as independent, and as patriotic motives, as any gentleman 
North or South. He knew neither North nor South. He knew only the Union. 
Though a Southern man, he would protect the right, and would not suffer it to 
be encroached upon. He would as ardently defend the North as he would pro- 
tect and support the rights of the South. He believed that on this floor he was 
the representative of the whole American people. On all occasions he would 
maintain that position, and he believed the people of Texas would sustain him 
in it, for they are true to the Union." 

On the reassembling of Congress, in December, 1848, at an early 
day, 12th December, a resolution was offered in the House to 
transfer to Texas all the territory of New Mexico east of the Rio 
Grande ; an indication that the course of Houston on the Oregon, 
California, and New Mexico questions was approved. When this 
measure came up in the Senate, as Houston, prior to the Mexican 
war, had laid before the Senate the documentary proof that the 
Rio Grande was the boundary of Texas, when, by the treaty 
forced upon Santa Anna after the battle of San Jacinto, the inde- 
pendence of Texas was conceded by Mexico, he now took only five 
minutes to restate his convictions. The result of the Presidential 
election, which was to bring Gen. Taylor as the Whig candidate 
into power, and was to induct Millard Fillmore as Vice-President 
into the seat of presiding officer of the Senate after March 4, 1849, 
made the winter session of 1848-9 specially uneventful. Houston 
rested on his laurels won during the previous session. 



CHAPTER XXII. 

Houston in the Senate under the Whig Administration, 1849 to 1853. 

AS Houston had preserved his equanimity in the House when 
the executive administration on the 4th March, 1825, passed 
from the hand of President Monroe to that of Mr. Adams, so his 
equanimity was far from being disturbed when Mr. Polk's admin- 
istration was succeeded by that of the General whom he had been 
foremost in commending for his Mexican campaign. His first act 
in the Thirty-first Congress, which met Dec. 3, 1849, brought out 
Houston's character and principles in an entirely new field. 

In this Congress Millard Fillmore, as Vice-President, presided 
in the Senate until the death of Gen. Taylor, July 9, 1850, when W, 
R. King, of Alabama, made Vice-President in the election of 1852, 
was chosen permanent President pro ton. There came also into 
the Senate, as men of mark, J. Clemens of Alabama, W. H. Seward 
of New York, Gen. Shields of Illinois, and R. C. Winthrop of Mas- 
sachusetts ; while the admission of California brought in, after a 
long session, two Senators from California, J. C. Fremont and W. 
M. Gwinn, who took their seats in September, 1850, the session 
lasting till September 30th. In the House, Howell Cobb, of Geor- 
gia, was Speaker, 

On the 20th December, 1849, Houston was unexpectedly called to 
support a resolution inviting Father Mathew, the Catholic Irish 
apostle of temperance, to a seat on the floor of the Senate. While 
some manifestly wished to court Irish votes, and many sought oc- 
casion to be known as advocates of abstinence from intoxicants, 
Houston was called out by the fact that, in an address made in 
New England, Father Mathew had opposed slavery. Houston 
said, addressing the presiding officer : 

" I, sir, am a disciple of temperance advocates. I needed the 
discipline of reformation, and I embraced it. I am proud upon 
this floor to proclaim it, sir. I could enforce the example upon 
every American heart that influences or is influenced by filial affec- 
tion, conjugal love, or parental tenderness." He scorned the sug- 
gestion that Father Mathew had once spoken against slavery. 

On the 14th January, 1850, Houston supported a resolution com- 
ing from the House of Representatives, providing that if the in- 

(203) 



204 Life of Sam Houston. 

habitants of New Mexico, whose southern limit ran south of t,6° 
30', should prohibit the introduction of slavery, it should be no 
bar to the admission of the State into the Union. On the 30th 
January Houston supported a resolution giving a homestead to 
Hungarian exiles who fled to this country after the defeat of Kos- 
suth. On the 8th February Houston spoke on the question of 
slavery in the Territories ; alluding with much feeling to Mr. Cal- 
houn, then detained from the Senate, and who died on the 31st 
March, a few weeks later ; and he said it gave him pleasure to say 
he agreed with the eminent Senator from South Carolina on that 
question. Alluding, however, to Mr. Clemens of Alabama, who 
had spoken of the Union as already dissolved, he exclaimed : 

" I deny the power of all the ultraists in the world to rend the Union in twain. 
If the contending parties would only approach these questions in the spirit of 
the precept laid down by the Divine Mediator, ' As ye would that men should do 
to you, do ye even so to them likewise,' it would be better for the country in all 
its sections, and for the people of all classes." 

He had given his vote in 1847 for the admission of Oregon with 
slavery prohibited, and he had refused to sign the " Southern Ad- 
dress " in 1849. He referred to the movement of South Carolina 
in 1832 for nullification on the one hand, and to the agitation 
against slavery in 1835, when he was out of the country. This 
balanced position he had held and still maintained. 

This allusion of Houston to the recent " Southern Address," 
which he would not sign, drew out Senators Davis and Foote of 
Mississippi, and Butler of South Carolina. After they had spoken, 
Houston rose and read the warning of Madison against disunion. 
This called forth another irrepressible outburst of applause from 
the galleries. When it had subsided, with the earnest tone and 
manner of a prophet of Israel, Houston looked upward, and ex- 
claimed : 

" I must say that I am sorry that I can not offer the prayers of the righteous, 
/- that my petition might be heard. ( But I beseech those whose piety will permit 
' them reverentially to offer such petitions, that they will pray for this Union, and 
that they will ask of Him that buildeth up and pulleth down nations that He 
will in mercy preserve and unite us. I wish, if this Union 7nust be dissolved, 
that its ruins may be the monument of my grave, and of the graves of my family. 
I wish no epitaph to be written that I survived the ruins of this glorious Union ! " ^ 

Certainly no child, no friend of Houston who lived to see the 
events of i860 to 1863, when, heart-broken, he died in an exile more 
complete and sad than any of his former life, can fail to believe 
that Houston's prophetic fervor was as sincere in its utterance as 
in historic fact it became true in his closins: career. 



Houston on tlie Admission of California. 205 

On the 25th July Houston made a lengthy speech on the claim 
of Texas to the territory of New Mexico east of the Rio Grande. 
He said : 

" Texas asserts no new claim. She made the same prior to annexation. 
Texas is loyal ; she has assented to everything that goes for peace. The treaty 
of annexation promised protection to the inhabitants of that portion of her ter- 
ritory ; but we will be magnanimous. If we yield, we shall do it as parties in a 
matrimonial alliance who have determined to say ' yes ' anyhow." 

In reply, on the 30th July, to Benton and Clay, he exclaimed : 
** Texas is not greedy ; she only seeks to do her duty." On the 
31st July he stated, that when New Mexico was ceded to the United 
States in 1848, Texas sent a judge to incorporate the inhabitants 
into the State of Texas. 

On the 13th August, responding to Davis of Mississippi, and 
Clemens of Alabama, who opposed the admission of California, 
Houston spoke with warmth, opposing disunion sentiments. He 
said, for many months he had sat and listened to debates on this 
and kindred topics. He had voted for the California bill, and for 
another, supposed to be unfriendly to the South. He might 
not be right, but he declared : . 

"My motives are as pure as those of any gentleman on this floor, though my 
conception of what is beneficial to the South may not be in accord with theirs. 
I have been actuated by feelings as purely Southern as any gentleman in this 
body. I know that my constituents desire the harmony of the people of these 
States, and the perpetuity of the Union. At a celebration on the 4th July the 
sentiment of Texas was uttered in these words: 'Our brethren from Maine to 
the Rio Grande, from the Atlantic to the Pacific ; we salute them with our 
Jove/j In voting for the California bill I can not conceive that free soil, or any 
soil but America7t, has been regarded. Are there indications that the South is 
borne down ? Are we to take as proof the expression of the Southern Conven- 
tion ? I respect the men of that convention, but the meeting held at Nashville 
was surreptitious. The delegates from Texas received some 140 votes out of 
1,600 or 1,800. Other representatives stood for the parallel of 36° 30'. If you 
partition California by that line I have no idea you would create one solitary 
slave State, but rather that you would multiply free-soil States. I contend that 
California has a right to come into this Union as a State upon the principle of 
self-government. Suppose our Union were divided with Mason and Dixon's 
line as the boundary, what would be our condition ? An American in France 
or England enunciates his country's name with as much pride as Paul when he 
exclaimed, 'I am a Roman citizen!' Why should we allow that respect to 
diminish ? Let us preserve the sacred name. Let us preserve it with the Con- 
stitution under which it stands. We of the South ask no compromise. Give 
us the Constitution. Tread not upon our rights by undelegated power. I feel 
confident that if these measures pass, joy and exultation will fill every heart. 
Your Nashville conventions will die away. Let us meet the difficulties that 
have come upon us like men, and dispose of them in such a way that if our pos- 



206 Life of Sam Houston. 

terity ever raise their hands against their brethren they may not be able to say, 
' Our fathers entailed this upon us.' " 

Here Barnwell of South Carolina, Berrien of Georgia, and 
Davis of Mississippi, made explanatory statements on behalf of 
their States, and in defence of the Nashville Convention; when 
Houston responded : 

" I meant no reflection on the gentleman from South Carolina, whose de- 
meanor has excited my admiration. As to the Nashville Convention, in Georgia 
only 3,500 out of 90,000 votes were cast. It is the duty of every friend of the 
Union to frown down any such means of action as this convention. As to Mis- 
sissippi, my information is that not one-half of the counties were represented ; 
that several counties represented were by proxies, and some were delegates consti- 
tuted such by meetings of not exceeding eight or ten persons. I was witness of 
one case ; as I passed by, only seven persons were assembled. As to the statement 
of the Senator from Mississippi that the rights of Texas were endorsed by that 
convention he would ask if that endorsement were necessary. Go to the yeo- 
manry, the hard-handed men of the country, the man of substance, and he will 
tell you, with his family gathered around him : ' This is my home, this is my 
wife, and these are my children ; and thus surrounded, I am as happy and proud 
as the monarch on his throne. Here the Constitution protects me; and am I 
going to place all these endearments on the hazard of disunion } ' Never, never 
will they do it ! I tell you the people are right. Give to them but the benefit 
of their constitutional guarantees, and all the factions of the day, all the abstrac- 
tions that can be conjured up by disaffection, by broken-down politicians, by 
disappointed spirits, by men who have heretofore advocated nullification, by 
loafers who live upon excitement, and by reckless demagogues — in spite of them 
all, I sav, the South will hug the Union to her heart as the last blessing of 
heaven." 

On the 15th August, in the midst of the general debate, contin- 
ued from the 30th July, Houston was called out by a dishonorable 
attempt to involve him in a traitorous scheme. Mr. Hunter, of 
Virginia, called attention to an anonymous publication, which 
stated that in January, 1850, he had been called on by a Mexican 
General, who consulted him as to a plan for a union of Mexico 
with a Southern confederacy, of which Houston was to be made 
President. The writer stated that when the plan was presented to 
Houston he "indignantly refused to have anything to do with the 
base and traitorous scheme," and that he declared he was not a 
Cataline to betray his country. It was stated that Calhoun was 
fully aware of the proposition, but was opposed to any action until 
after the effort to amend the Constitution should have failed. 
It was further stated that Gen. Houston had in his possession the 
paper, and that he knew the author of the conspiracy. After the 
reading, Butler, of South Carolina, called out Gen. Houston, who 
declared the article to be simply a " canard," utterly unjust to Mr. 



Attach on Houston and Hia Heply. 207 



Calhoun, who had died only two months after the professed inter- 
view. 

Houston's special trial came two or three weeks later. His frank 
and earnest opposition to the spirit of disunion, led to a scurrilous 
attack on his early career, especially when engaged, in 1818, as an 
agent of the War Department, in appeasing the hostile Indians in 
Georgia, on the borders of Florida. The substance of his state- 
ment, published at length as a '* personal explanation, 'rin the Con- 
gressional Globe, took the form of a speech in the Senate, September 
9, 1850. He said : 

" During twenty-six years since I entered the House of Representatives no 
personal assault upon my character has been made. Now, however, the South- 
ern press of Charleston, S. C, has brought against me a charge of malfeasance 
in office, as lieutenant in the U. S. Army. I was appointed under President 
Monroe and J. C. Calhoun, Secretary of War, by George Graham, Assistant 
Secretary', on the 29th of September, 1817, to special service relating to the In- 
dians of Georgia. I had enlisted as private in the ranks, March 24, 1813 ; and 
no demerit for any cause was received up to March i, 1818. The highest com- 
mendations six months before that date had been given by General Jackson, for 
my appointment as sub-agent among the southern Indian tribes. To Assistant 
Secretary Graham, under date August 26, 18 17, Jackson wrote of his former 
lieutenant : ' He is a young man of sound integrity, who has my entire confi- 
dence, and in every way he is capacitated to fill the appointment. Moreover, he 
has some claims upon the Government for a severe wound received in the serv- 
ice, which may be considered a disability.' On the same date Jackson wrote to 
Col. Meigs, the agent : ' In him I have had full confidence, and in him you will 
have a friend clear of design or deceit, on whom you can rely under all and every 
circumstance, as capable to aid you in every respect.' On the strength of these 
letters my commission was signed by J. C. Calhoun, August 29, 1817. On De- 
cember 29, 1817, Gov. McMunn, who had succeeded Col. Meigs as agent, wrote 
as follows to Mr. Calhoun, as Secretary: ' Mr. Houston carried this Government 
order into effect, with a promptitude not less characteristic of his integrity, than 
of zeal for his country. The band of outlaws was dispersed, and Houston was 
sent to Washington with a delegation of chiefs, entrusted with funds for their 
expenses.' Gov. McMunn, addmg to this statement of confidence in his sub- 
agent, wrote : ' By his vigilance and address the parties will be much profited.' 
The delegation was conducted to Washington, and the object sought was ac- 
complished. The commission was resigned March i, 1818, because the pay was 
cut down to $500. His account, when made out, showed that the Government 
owed him $318.54. He charged up $67.52 then in his hands ; leaving a balance 
due him of $251.02. He was not disturbed, except by political enemies, till 
December 10, 1821, when the Government's indebtedness was acknowledged 
and settled by check, 13th of June, 1822, for $170. On the 17th of April, 1824, 
when as Representative he could demand full justice, the balance still due, 
amounting to $80.93, was paid." 

With great humor, Houston then related a threat of exposure 



208 Life of Sam Houston. 

held over him in the Southern Express a year or more before the 
present article, the writer thinking to frighten him from his earnest 
appeals against disunion. The Congressional record of this speech 
states: "Amusement and applause followed the humor and elo- 
quence of Senator Houston. It showed that his relations to Mr. 
Calhoun had been honorable from his youth." In closing he de- 
clared his fidelity to the South ; and in so doing, drew a parallel 
between disunionists per se and Benedict Arnold. He declared : 
" Disunionists per se sink below Benedict Arnold in the scale of in- 
famy." He added: "Sir, when assailed hereafter because I am 
faithful to the Union, let it be understood that without union we 
are without a country ; for, without union we can have no country 
and no home." 

Houston's earnestness drew a reply from Mr. Butler, of South 
Carolina. He fully accorded integrity to General Houston ; but 
declared that Mr. Calhoun, now deceased, had no hand in the 
threat of the Southern press, a year before, to which allusion had 
been made. General Houston responded with equal cordiality : 
"I can assure the gentleman that I cast no reflection on Mr. Cal- 
houn. As to the Senator himself, he has only acted in his uniform 
demeanor of unceasing and becoming courtesy, politeness, and 
good feeling." 

Houston's career during this eventful session, closed with a 
manly support of a proposed grant of lands to settlers in Oregon. 
This he urged among other reasons, because North Carolina had, 
in his orphan days, made a similar grant of lands in Tennessee, 
then constituting a part of her territory. From first to last during 
the debates that formed the crisis of the Senate, when its former 
leaders were withdrawn, and discussions more complicated than 
any ever before engaged in, grew heated, Houston was the Nestor 
whose counsel turned the scale of decision. The five measures that 
constituted the compromise acts then debated, were : first, the fix- 
ing of the boundary between Texas and New Mexico ; second, the 
admission of California, with slavery prohibited ; third, the estab- 
lishment of a territorial government for Utah ; fourth, the fugitive 
slave law ; fifth, the suppression of the slave trade in the District 
of Columbia. The three great leaders of the past, Webster, the 
champion of national unity ; Calhoun, the advocate of State rights ; 
and Clay, the mediator in compromise, one after another passed 
from the Senate. On the 31st March, 1850, Calhoun, after weeks 
of detention by prostration, breathed his last ; and his two com- 
rades for over thirty years, spoke in sincere affection of his 
memory, and of their expectation that very soon they should join 
him in a better and purer assembly. Mr. Webster, who had lost 



Houston and Kossuth. 209 

his hold on New England by his advocacy of the fugitive slave law 
as part of the compromise, left the Senate to become Secretary of 
State, under President Fillmore, on the death of General Taylor, 
July 9, 1850 ; an office which he was able to fill only for about one 
year, when he was prostrated by the infirmity which terminated in his 
death, October 24, 1852. Mr. Clay, enfeebled and declining, though 
still keeping his seat in the Senate, could hardly be said to have 
filled it for the year preceding his death, June 29, 1852. Meanwhile, 
all eyes had been turned to Houston as the " pillar and ground " of 
the barrier raised against the dashing waves of disunion. 

The 32d Congress, during which Mr. Fillmore was President, 
brought into the Senate an element counter to the spirit of com- 
promise, ever maintained amid anti-slavery sentiment, by men like 
Webster. While Lynn Boyd, of Kentucky, was made Speaker of 
the House, and King, of Alabama, was chosen President of the Sen- 
ate, Charles Sumner, of Massachusetts, introduced a new anti- 
slavery antagonism into the debates of the Senate Chamber. 
Houston had, from the experience of the past, regarded the ex- 
treme Southern agitation, which threatened armed disunion, as a 
positive danger, to be met by earnest remonstrance ; and the result, 
in less than ten years realized, showed his wisdom, and will per- 
petuate the record of his patriotism. On the other hand, Houston 
regarded the extreme Northern agitation, which only expressed 
theoretical dissent, as an utterance more harmless, when unopposed, 
than if it were either repressed or discussed. His course was 
shaped accordingly, in the new debates that arose in the new Con- 
gress. The first session of this Congress, prolonged from Decem- 
ber I, 1851, to August 31, 1852, offered few occasions which drew 
him out, except in quiet discussion of subordinate matters of legis- 
lative business. 

Soon after the opening of the session, December 12th, a resolu- 
tion extending hospitalities and a reception by the Senate to 
Kossuth, the exiled champion of Hungarian independence, was 
offered and passed. The grand form, the broad intellect, and the 
captivating eloquence of the Hungarian chief, made an unwonted 
appeal to the American people ; always enthusiastic for leaders, 
either of popular liberty or of independent government. While 
the people at large did not discriminate between these two distinct 
ideas, the statesmen proper of the American Republic were ruled 
by them in their sympathy for the Hungarian exile. In the vote 
for the resolution, which prevailed, Houston, in the record of the 
Senate, is mentioned as abstaining from voting, having paired with 
Senator Rusk, who was absent. This simple record shows that one 
or the other of the two Senators from Texas had made the distinc- 
14 



210 Life of Sam Houston. 

tion between the separation of one monarchy from another, because 
of opposing claims to hereditary right to rule, and the struggle of 
a people for republican government. On the 5th January, 1852, 
Kossuth was received in the Senate ; when, after recording the 
formal speeches of introduction with Kossuth's replies, the Congres- 
sional Globe adds this record : 

" Among the incidents of the reception, it may be mentioned that when the 
martial figure of General Houston approached Kossuth, there appeared to be a 
special attraction in the person of the hero of San Jacinto. Mr. Houston said : 
'Sir, you are welcome to the Senate of the United States.' Kossuth feelingly 
replied : ' I can only wish I had been as successful as you, sir.' To this Houston 
responded : ' God grant you may be, sir.' " 

At a later period Houston said, explaining his course toward 
Kossuth : 

"When the advent of the illustrious stranger, Kossuth, was announced, I was 
not captivated by his advent, Mr. President. A portion of my life had been 
spent among the Indians. They are a cautious and considerate people, and I had 
learned to reconnoitre character a little when it comes about me, and I am liable 
to come in contact with it. I played the Indian and was wary. I received him, 
sir, in concurrence with the other Senators. I wished his country liberty as I 
wished the world liberty ; but I did not wish to disregard our relations and obli- 
gations to other countries. He was hailed, he was greeted, he was welcomed on 
some occasions more triumphantly than even Lafayette, the friend of Washington. 
What claims had he upon us ? He had claims of sympathy. If he ever flashed 
his sword for liberty he had a claim on our admiration and our fraternal feelir^s. 
But he had not done it — he retreated with a body-guard of five thousand ; and 
after he had negotiated for a succedaneum, for a resting-place, he went away, 
leaving 'poor Hungary ' down-trodden and bleeding. Sir, much as 1 admire the 
patriots who strike for liberty —much as I admire the noble people whom Kos- 
suth purported to represent — much as I admire all men who have struggled, 
even unfortunately or misguidedly, for liberty, no matter where — much as I ad- 
mire the promptings which actuated them, and love the cause in which they have 
been engaged, yet when a man proves recreant to a noble cause, forgets his 
people, lives in comfort, splendor, and display, when they have to bite the dust 
or gnaw the file in agony, I have no sympathy for that man." 

He then compared the course of the United States Government 
toward Texas : 

" Was there then (in the Texan Revolution) a voice heard in this chamber ad- 
vocating or introducing a resolution in vindication of the rights of Texas } Not 
one voice was heard at that time. Those gallant spirits who fell in hecatombs, 
with their footsteps almost on American soil, were hardly washed out or obliter- 
ated, yet this nation was not convulsed. Did Texas ever complain to this Gov- 
ernment } In 1843, when she did remonstrate, what was it? She said to the 
three great powers of the earth, to France, England, and the United Stales : 
•We ask no assistance; we invoke the invasion of our enemies ; and upon a 
well-arranged and well-fought field, we will stake our liberty. But compel our 



Houston's Denunciation of Secession. 211 

adversary to observe the rules of civilized v^^arfare.' That was all -we asked. 
The Government of the United States, acting upon its wise and prudent and 
proper policy, did not interfere." 

On the 22d of December, Gen. Foote, of Mississippi, offered a 
resolution to this effect : " That the compromise measures of the 
last Congress shall be regarded a 'final adjustment' of the ques- 
tions dividing the North and the South." Houston interposed : "I 
am the only Senator who voted for all the compromise measures, 
Mr. Sturgeon, of Pennsylvania, excepted, who is not now a Senator. 
On questions of internal improvements, of the tariff, and of free 
soil, I have acted with the Democratic party. To gentlemen who dif- 
fer from me as to the compromise measures, I say, ' Show me your faith 
without works, and I will show you my faith by my works.' " He 
had devoted himself, he went on to say, to the business of the Sen- 
ate ; to legislation for the country ; not to fixing political platforms. 
He had hoped sectional agitation was dying away. " Mr. Clay, 
author of the compromise measures, true to his spirit for a third of 
a century, is sick and kept from his seat. I have defended his ac- 
tion. The resolution of the Senator from Mississippi is unneces- 
sary. Why not resolve that the independent treasury bill is a final 
adjustment?" He had been censured, he continued, for using the 
word " Oligarchy " as applied to the State Government of South 
Carolina. He had only used it because the people of the State 
have no voice in State affairs. He added : 

"I recall how, when in the House of Representatives, in 1824, I heard with /\ 
amazement the idea that there might be secession, .disunion, resistance to the 
constitutional action of the Federal Government. I could hardly think it possi- 
ble that a representative of any portion of the American people would have the 
fierce temerity to suggest this. I have heard principles of disunion announced 
in this hall, and have heard Senators utter what was treason, not technically, but 
which was not stripped of one particle of the moral turpitude of treason. What 
a delightful comment on the freedom of our institutions that this privilege is al- 
lowed. I have only to say that they who, for the sake of disunion, conspire 
against the Union and the Constitution, are aptly described in holy writ as 
' raging waves of the sea, foaming out their own shame ; wandering stars, to 
whom is reserved the blackness of darkness forever.' " 

Mr. Butler, of South Carolina, replied courteously that the right 
of suffrage in that State was restricted by early limitations of 
property qualification, which in other and newer States have been 
removed. Mr. Foote, in defence of his resolution, charged General 
Houston with catering to popular Northern prejudices. Houston 
merely replied, " I said the same lately at Montgomery, Ala." 

The only matter of importance which called out Houston to 
make a set speech during the remainder of the session, related to 



L 



212 Life of Sam Houston. 

appointments and appropriations for the Indians. On a report 
made to the Senate, June 9, 1852, as to an incompetent Indian 
agent, Houston stated : 

" These men are not accustomed to meet Indians. Texas, when independent, 
expended only $10,000 annually, and had peace. Now the United States ex- 
pends $6,000,000 annually on the same border, and there is no protection. I am 
not saying anything against President Fillmore, for whom I entertain the respect 
that I hope ever to show toward the Chief Magistrate of this country." 

He added afterward : 

" The President of the United States, in his relation to the Indians, is the 
on\y father we have ever heard of on this continent. So far as the President 
of Texas was concerned, he was a brother to the Indians." 

On the 12th August, when the appropriation made to the Indians 
was discussed, Houston showed that by withholding $84,000 from 
the Comanches, the U. S. Government had been led to a war which 
cost $48,000,000. *'Sir," he exclaimed, "until we do justice to the 
Indians, until we are truthful and righteous in our legislation in 
regard to them, we can expect nothing but that Heaven will cause 
retributive justice to fall, if not upon the offenders, upon the nation 
that despoils the poor Indians. Be truthful, be just, and they will 
honor our flag ; and indeed, defend it," 

This long and eventful session of Congress, like the two sessions 
of the previous Congress, owed much of its success to the heroic 
and patriotic course of Houston. During the month of August, 
Charles Sumner uttered the first of his " Philippics," so called be- 
cause in style and manner they were studiously conformed to the 
rhetoric of Demosthenes' celebrated appeals against Philip, and of 
Cicero's rebukes against Cataline ; as the very framing of the sen- 
tences of this anti-slavery leader revealed. The oration of this 
session, entitled " Slavery Sectional, Freedom National," designed, 
as it was, to insist upon theoretical principle rather than to urge 
any practical matter of legislation, was allowed by Houston to pass 
without notice. A single remark dropped August 27th, on a bill to 
give the public printing to Mr. Richie, former editor of the Rich- 
mond Enquirer, but then editor of a Democratic organ at Washing- 
ton, indicated the freedom from partisan as opposed to public 
interest, which ruled Houston's entire course. He remarked, in 
supporting the resolution, " I would as soon vote, as for years I 
have, to give the public printing to Gales & Seaton, who have op- 
posed me in politics, as I would vote for the present resolution, 
offered in behalf of a gentleman of my own party." 

The intelligent and general respect shown for Houston's judg- 
ment on questions of international as well as constitutional law, 



Texas Expresses Confidence in Houston. 213 

was indicated when, on February 2d, Senator Clarke, of Rhode 
Island, quoting at length from eminent European and American 
authors, on a nice question of interpretation, cited at length the 
statement of Houston on the relations of the United States to 
European Governments, in their right to intervention in neighbor- 
ing American States. The death of Mr. Clay, June 29, 1852, called 
forth the appreciation of his brother Senators, by his appointment 
to accompany the remains to his home in Kentucky. The declining 
health of Mr. Webster, who died October 24, 1852, led to a natural 
and just comparison between the universally admired passages of 
his reply to Hayne, — grand outbursts, as they were, of deep patri- 
otic sentiment, — and the like utterances of Houston. In Houston, 
however, there was less of the somber and more of the hopeful. 
Houston was the Nestor, not the Jeremiah of the national crisis. 

The second session of the Thirty-second Congress, opening 
December 6, 1852, furnished little to call forth the Texan Senator ; 
for the Presidential canvass, resulting in the election of General F. 
Pierce, of New Hampshire, as President, and of Rufus King, of 
Alabama, as Vice-President, changed the character of the execu- 
tive administration which was to follow the brief Congressional 
session. It was natural that the time of the Senate should be given 
to legitimate legislative conference ; and in this Houston filled his 
place and bore his share. On the 6th January, 1853, a resolution 
was proposed that the " Committee on Bribery and Abuses in Elec- 
tions " investigate local disputes, to which Houston gave his 
adhesion. On the 13'th of January he reported in favor of an in- 
crease of the "sword exercise" at the National Military Academy 
at West Point. On the ist February he sustained a resolution 
in favor of supervision of the supply of clothing in the navy, and 
in opposition to the increase of naval officers. On the 20th 
February, 1853, his colleague, Mr. Rusk, presented resolutions from 
the Legislature of Texas, appointing Gen. Sam Houston Senator 
for the term of six years, from March 4th ensuing ; and expressing 
special confidence in his course on national issues ; an annoucement 
which called forth a general murmur of satisfaction, both on the 
floor of the Senate and in the galleries. On the 23d February 
an appropriation for the removal of the Indians from Florida, 
called forth his usual intelligent and fixed views on the best modes 
of treating with the Indians. He remarked : "A regiment to hold 
an Indian tribe in subjection costs no less than $1,200,000 annually ; 
whereas $10,000 to aid them would be more effective. I never knew, 
during the whole course of my life, a treaty made in good faith 
with the Indians that was violated by them." On the 25th Feb- 
ruary he spoke in favor of a supervision of the national armories 



214 Life of Sain Houston. 

by civilians who were Intelligent among business men, since army- 
officers failed in knowledge of the tricks of contractors, and in the 
management of mechanics. On the ist March he spoke in favor 
of special care in payments for service, in taking and collating cen- 
sus reports. On the 2d March he spoke on the appropriation 
for mail steamers from San Francisco ; replying to the suggestion 
that the subject should be discussed in secret session, with this re- 
mark : " Public opinion is well regulated. When the public decide, 
their judgment is generally correct." On the 3d March he un- 
folded frauds in private bills before Congress. Thus up to the last 
day of the session he showed fidelity in that most important part 
of civil administration, the watch for unfaithfulness in public office. 
His sternness, when he thought there was fraud, and his manliness 
when charges were found to be made by interested parties, became 
noted in many conspicuous instances ; a specimen of which will be 
cited as characteristic, under the incoming Democratic administra- 
tion ; to whose political policy, though not to all their administra- 
tive measures, he was intelligently devoted. 



CHAPTER XXIII. 

Houston under the Administration of President Pierce, 1853 to 1857. 

THE 4th March, 1853, brought in Gen. Franklin Pierce as Presi- 
dent ; with Gov. Wm. L. Marcy, the controlling mind of the 
administration, as Secretary of State, Senator King, of Alabama, 
who had presided with such impartiality and dignity in the Senate 
under Mr. Fillmore's administration, was elected Vice-President ; 
but his extreme illness and his death on the i8th April, 1853, pre- 
vented his taking his seat as President of the Senate. In his ab- 
sence. Senator ]. D. Bright, of Indiana, was chosen President /r^' 
te7)i. Among the new Senators who took their seats in the Thirty- 
third Congress, which then opened, were : Judah P. Benjamin and 
John Slidell, of Louisiana ; both of whom became eminent and 
noted after the formation of the Southern Confederacy, From the 
New England States came two new men, who proved especially 
able : Wm. Pitt Fessenden, of Maine, and Henry Wilson, of Massa- 
chusetts ; the latter being preceded for a few months by that model 
of statesmanlike culture and urbanity, Edward Everett. 

During this, the Thirty-third Congress, Houston, whose reputa- 
tion and influence were now at their height, was especially calm, clear, 
and dignified in debate. During the Executive session to receive 
and ratify new appointments made by the President, on April 6, 
1853, Houston urged the printing of the Report of Bartlett and 
Gray, on New Mexico, on the ground that the thirst for such works 
should be encouraged in the American people. On the reassembling 
of Congress, the Kansas-Nebraska bill of Senator Douglas, was 
early introduced, and was urged as an administration measure. 
On the 15th February, 1854, Houston reviewed his own course 
as to the Missouri Compromise, which that bill proposed to set 
aside ; with the supposed idea that the territory west of the Mis- 
sissippi, once belonging to France, would be open for the introduc- 
tion of slavery. As the bill involved the removal of the Indians, 
Houston reviewed again his relations to them from 1818. In justi- 
fying his course on the Missouri Compromise, he alluded to the 
fact, that of three hundred men in the Senate and House of Repre- 
sentatives when that measure was finally made effective to the 
harmony of Northern and Southern interests, only three remained; 

(215) 



216 Life of Sam Houston. 

Everett of Massachusetts, Benton of Missouri, and himself. He 
closed with this appeal : " We are acting as trustees for posterity ; 
and according to our decision our children are to live in harmony 
or in anarchy ! " On the 3d March, just on the eve of the passage 
of the bill, Houston made that logical and earnest appeal which 
first appeared in the " Life of Sam Houston," published in New 
York the following winter. He said, in substance : " Mr. President, 
this unusual night's sitting is without precedent in the history of 
any previous Congress at this stage of the session. The extraordi- 
nary circumstances in which we find ourselves placed would seem 
to indicate a crisis in the affairs of the country of no ordinary im- 
portance ; a crisis that portends either good or evil to our institu- 
tions. The extraordinary character of the bill before the Senate, 
as well as the manner in which it is presented to the body, de- 
mands the greatest deliberation. This, sir, is the anniversary of a 
protracted session in which the organization of the Territory of 
Nebraska was elaborately discussed on the last day of the last ses- 
sion, as to-night, until the morning dawn." Remarking then that 
the opposition at that time was, to the provisions as to Indian 
tribes ; while now, it was proposed to repeal the Missouri Compro- 
mise, he alluded to the boldness of the measure and the sophistry 
of its proposal, and exclaimed : " Mr. President, I can not believe 
that the agitation created will be confined to the Senate Chamber. 
From what we have witnessed here to-night, this will not be the 
exclusive arena for the exercise of human passions. If the Repub- 
lic be not shaken, I will thank heaven for its kindness in maintain- 
ing its stability." Analyzing then the argument that the people of a 
Territory are sovereign in admitting or excluding slavery, he showed 
its incorrectness from the ordinance of 1787 in new States brought 
into the Union, both North and South. He alluded to the fact that 
the South had stood by the Compromise ; and he met the objections 
of Mr. Atchinson, of Missouri, that it had not been applied to Ore- 
gon ; Houston showing that it was applied to Texas ; and it was 
upon its provisions that the State came into the Union. He show- 
ed that the South could only be injured by it ; and especially ar- 
gued that Texas, the terminus of the slave population, would have 
the largest disproportion between slaves and whites ; and he ex- 
claimed : " Then, sir, it will become the gulf of slavery, and there 
its terrible eddies will whirl, if convulsions take place." He then 
urged that no necessity for abrogation, since the Compromise, had 
arisen ; adding : " Three years have passed in tranquillity and 
peace. How, and v/here, and why, and when, and with whom this 
measure originated. Heaven only knows ; for I have no cognizance 
of the facts. So far back as 1848, President Polk recognized the 



Houston on tJie Missouri Compromise. 217 

Missouri Compromise as a binding force upon this country. The 
astute statesmen who managed and controlled its adoption, Clay 
and Webster, never contemplated its repeal." He proceeded then 
to show how the affiliation of Abolitionists and Free-Soilers with 
the weaker party, the Whigs in the North, would bring in danger- 
ous partisan combinations, and exclaimed : " This is an eminently 
perilous measure ; and do you expect me to remain here silent, or 
to shrink from the discharge of my duty in admonishing the South 
of what I conceive the results will be ? What, if a measure un- 
wholesome or unwise is brought into the Senate, and it comes 
from the party of which I am a member? While its introduction 
is an error, is it not my duty to correct that error as far as I possi- 
bly can ? When every look to the setting sun carries me to the 
bosom of a family dependent upon me, think you I could be alien 
to them ? Never ! never ! ! " Satirizing then the idea that additional 
territory for the introduction of slavery was proffered to the South, 
he pictured Jacob proffering a share of his booty to Esau, and 
Esau's reply : " I have enough, my brother ; keep that thou hast 
unto thyself," and he added : "If this is the only offering tendered 
to the South, we will not ask it ; we do not want it ; the people will 
be angry if you give it. If you are indebted in anything to the 
South, all I have to say is, that you might find some other occasion 
when it would be more agreeable to cancel the obligation.' Re- 
plying to the objection that the Missouri Compromise was uncon- 
stitutional, he said : " Mr. Jefferson confessed that he found no con- 
stitutional authority for the acquisition of Louisiana." He asked 
if the acquisition of Florida or of Texas was constitutional ; and re- 
plied that "compromises, like compacts, are legitimate matters of 
legislation." In closing this branch of his subject, he said : " I had 
fondly hoped, Mr. President, that having attained to my present 
period of life, I should pass the residue of my days, be they many 
or few, in peace and tranquillity ; that as I found the country grow- 
ing up rapidly, and have witnessed its immeasurable expansion and 
development, when I closed my eyes on scenes around me, I would 
at least have the cherished consolation and hope that I left my 
children in a peaceful, happy, prosperous, and united community. 
I had hoped this. Fondly had I cherished the desire and the ex- 
pectation from 1850, until after the introduction of this bill. My 
hopes are less sanguine now. My anxieties increase, but my ex- 
pectation lessens. Sir, if this repeal takes place, I will have seen 
the commencement of the agitation ; but the youngest child now 
born, I am apprehensive, will not live to witness its termination. 
Southern gentlemen may stand up and defend this measure. They 
may accept it from the Northern gentlemen who generously bestow 



218 Life of Sam Houston. 

it ; but if it were beneficial to the South, it would have been asked 
for. It was not asked for — nor will it be accepted by the people. 
It furnishes those in the North who are enemies of the South, with 
efficient weapons to contend with." Taking up then the case of 
the Indians, and alluding to the statement that God had made 
them an inferior race, and that there is no use in doing anything 
for them, he cited the argument of Ross, the Cherokee, in his de- 
fence of their treaty with the United States, as superior in skill and 
effect to Spanish diplomats as to Florida ; and, alluding to the com- 
mon suggestion, that Indians like Canaanites, might be extermi- 
nated, he shov/ed that Indians were not idolaters, but believers in 
the Great Spirit, ready to receive Christianity, and advanced in 
American civilization. He severely rebuked the suggestion that 
sickly sentimentalism prompted appeals for the Indians ; and de- 
clared : " If you will not do justice to them, the sin will lie at your 
door. Providence, in His own way, will accomplish all His pur- 
poses ; and He may some day avenge the wrongs of the Indians 
upon our nation. As a people, we can save them ; and the sooner 
the great work is begun, the sooner will humanity have cause to 
rejoice in its accomplishment." He closed with this eloquent ap- 
peal : " Sir, the friends who have survived the distinguished men 
who took prominent parts in the drama of the compromise of 1850, 
ought to feel gratified that those men are not capable of participat- 
ing in the events of to-day ; but that they were permitted, after 
they had accomplished their labors, and had seen their country in 
peace, to leave the world, as Simeon did, with the exclamation : 
' Lord, now lettest Thou Thy servant depart in peace, for mine eyes 
have seen Thy salvation.' They departed in peace, and they left 
their country in peace. They felt, as they were about to be gath- 
ered to the tombs of their fathers, that the country they had loved 
so well, and which had honored them — that country upon whose 
name and fame their doings had shed a bright lustre which shines 
abroad throughout all Christendom — was reposing in peace and 
happiness. What would their emotions be if they could now be 
present and see an effort made, if not so designed, to undo all their 
work and to tear asunder the cords that they had bound around 
the hearts of their countrymen ! They have departed. The nation 
felt the wound ; and we see the memorials of woe still in this 
Chamber. The proud symbol (the eagle) above your head remains 
enshrouded in black, as if deploring the misfortune which had 
fallen upon us ; or, as a fearful omen of future calamities which 
await our nation, in the event this bill should become a law. Above 
it I behold the majestic figure of Washington, whose presence 
must ever inspire patriotic emotions, and command the admiration 



Houston as People's Candidate for President. 219 

and love of every American heart. By these associations I adjure 
you to regard the contract once made to harmonize and preserve 
this Union. Maintain the Missouri Compromise ! Stir not up 
agitation ! Give us peace. This much I was bound to declare — 
in behalf of my country; as I believe, and I know in behalf of my 
constituents. In the discharge of my duty I have acted fearlessly. 
The events of the future are left in the hands of a wise Providence." 

A few days after this speech of Houston, a memorial, signed by 
3,000 New England clergymen, was presented to the Senate, pro- 
testing against the repeal of the Missouri Compromise as it related 
to Kansas and Nebraska. A long and heated discussion followed. 
Houston defended the right of the memorialists in a lengthy 
speech. 

Prior to the assembling of the second session of the Thirty-third 
Congress, an event occurred which gave special significance to 
Houston's subsequent speeches in the Senate. On the nth Oct., 
1854, the General Committee of the Democracy of New Hamp- 
shire met, and after deliberation nominated as "The People's Can- 
didate," for the office of President of the United States, from March 
4, 1857, Gen. Sam Houston, of Texas. In an address prepared by 
their organ, Hon. Edmund Burke, the fact that the Democratic ad- 
ministration in power had yielded to the agitation which demanded 
an " unsettling of the compromise measures of 1850," is urged as 
the cause of defections from the party in the New England, Middle, 
and Western States ; and, it is urged, that nothing can arrest this 
tendency but "the immediate nomination, by the people, for the 
office of President of the United States, of some citizen of the Re- 
public distinguished alike for his abilities, experience in public af- 
fairs, and unquestionable statesmanship." The propriety of a 
" people's nomination " is urged from history ; that from the origin 
of the Government, beginning with the nomination of John Adams, 
the second President, Jefferson, Madison, and Monroe, had been 
nominated by a Congressional caucus ; the corruption of which 
system appeared when Wm. H. Crawford, the regular Democratic 
Congressional nominee, was overwhelmingly outvoted by Gen, 
Jackson, the people's candidate ; and when by Congressional in- 
trigue John Quincy Adams was made President, which led to the 
popular election in 1828 of Gen. Jackson. As to the proposed can- 
didate, Houston's brilliant military career, as successful as that of 
Jackson, is traced ; to which, far beyond the previous record of 
Jackson, his civil career is summarized thus : 

" Throughout his long career, Gen. Houston has been an inflexible Democrat. 
He is a disciple of the school of Jefferson and Jackson. He has filled many ot 
the highest public offices, in all which he has acquitted himself with remarkable 



220 Life of Sam Houston. 

ability and with unsuspected integrity. In all positions, the most responsible as 
well as the most trying and perilous, he has been eminently successful. He has 
ever proved himself equal to any emergency in which he has been placed. As 
General, statesman, orator, and legislator, he has displayed talents and ability 
of the first order. He is a man of honor. He keeps faith with the humblest as 
well as the highest. He has never broken his word with the humblest Indian 
with whom he has had to deal, nor with sovereign States. He believes in the 
sacredness of treaties, of compacts, and of compromises, whether in the form of 
conventions, constitutions, or solemn acts of Congress. He preserves his iaith 
with the North, as he would require the North to preserve its faith with the 
South. Under his administration, the rights of all sections of the Union would 
be protected and preserved. He is a Union man, and never would permit this 
glorious confederacy of sovereign States to be dissevered by the aggressions of 
fanaticism on the one side, nor by unjustifiable rebellion on the other. He 
would secure justice to the States and to the people." 

This address, appearing a few weeks before the meeting of the 
second session of the Thirty-third Congress, naturally called forth 
the bitter opposition of the men whose selfish ambition, which had 
nearly brought ruin on Texas, had been thwarted by the hero and 
patriot who had made Texas the type of nobleness in her independ- 
ence; and thus, too, had made its moulder the hope of the times in 
which he was then moving, as events showed ! The " Life of Sam 
Houston," which shortly after appeared, was rendered necessary 
by false publications, which he was too high-minded to stoop to 
contradict ; that Life justifying the writer's announcement on the 
title-page — "The only authentic memoir of him ever published." 
It is sufficient here to state, that all those false publications origi- 
nated from two sources. First, the narrow men, who from the day of 
Houston's grand victory at San Jacinto, which made him the recog- 
nized head among both the Northern and Southern settlers of 
Texas, because he alone had the united impartiality and justice to 
appreciate both, and the skill and heroism to harmonize the two 
elements, were eaten up with the gangrene of envy. Second, the 
determined disunionists of the Gulf States, few in number, and 
only found in those States, irritated by jealousy, were ready to use 
any means to drive from the path of their selfish ambition the man 
who, more than all others united, blocked their way to the accom- 
plishment of their ends. The former class sought in offensive pub- 
lications to disaffect the people of the South, who confided in Hous- 
ton's integrity and wisdom. The latter class soon met him in de- 
bate in the Senate. Still others, in published manifestoes, arraigned 
his motives, declaring them to be inspired by personal ambition to 
secure the Presidency rather than by genuine regard to the wel- 
fare of the people of the entire country. With this call of the New 
Hampshire Democracy before the country, and with this " Life of 



Calumnies Met hy Houston. 221 

Houston " just in the hands of the people, the second and short 
session of the Thirty-third Congress met Dec. 4, 1854. 

The speech of Houston, in reply to the numerous assaults made 
on him, which brought out the whole nobleness of his character, 
was made on the last day of the year, Dec. 31, 1854. From the 
most opposite points, from the younger Dodge of Iowa, in the 
Northwest, and from Mr, Mallory in the Southeast, came the coin- 
cident charge that Houston was inspired by either a real or pro- 
fessed sickly sentimentality in his appeals for justice to the Indians ; 
Senator Dodge averring that an abolitionist of Western New York 
could not show greater weakness ; Senator Mallory insinuating that 
Houston was seeking to win the vote of the " Know Nothings," 
who opposed the promotion of Irish Catholics, in his expected can- 
vass for the Presidency ; while the spirit of detraction went so far 
as to charge that when, more than two years before, he was one of 
the Senate Committee to convey the body of Henry Clay for burial 
to Kentucky, he had, for effect's sake, kissed the forehead of the ad- 
mired leader in compromise, when the cofhn was opened for his 
fellow-citizens to view, for the last time, the face of their adored 
political leader. Houston's reply was calm, dignified, and heroic. 
He said, in the progress of his speech : 

" Mr. President, I hardly know what to say in reply to the Senator from 
Iowa. In the first place, let me say to that Senator, and to the honorable Sena- 
tor from Florida, that they were talking about things of which I know very 
little, for I was not in the United States when the occurrences to which they al- 
luded took place, and I was not, therefore, familiar with the history of those 
wars. I have already stated that occasions occur where outlaws among the 
Indians commit acts of aggression on the whites, and the whites immediately re- 
taliate on the Indian nations ; and these nations, in self-defence, become involved 
in war. But I never knew a case where a treaty, which was made and carried 
out in good faith, was violated by the Indians. I have stood here alone in this 
body, against a powerful array of talent and influence, contending for what I 
conceived to be a great principle, and which must obtain, or the Indian race be 
exterminated." After quoting high authorities who agreed with him, Houston 
added : " There are not less than two thousand prisoners in the hands of the 
Comanches ; four hundred in one band in my own State. The prisoners can be 
reclaimed from these Indians, who are coming down to settle upon their reser- 
vations. They take no prisoners but women and boys. The boys they treat 
with a degree of barbarity unprecedented, and their cruelties toward the fe- 
males are nameless and atrocious. Our Government is silent in relation to them. 
Has humanity no claims upon us in this respect? Has justice no demand un- 
answered ? In my boyish days, before manhood had hardened my thews and 
muscles, I received balls and arrows in this body in defence of suffering hu- 
manity, particularly women and children, against the Indians ; and I aided in 
reclaiming the brightest spot of the South — Alabama. When I remember 
that, in those early days, I assisted in rescuing females and children from the 



1 



222 Life of Sam Houston. 

relentless tomahawk and scalping-knife, it seems to me that the charge that I 
have stooped to court favor by the expression of my sentiments on this question, 
is one which falls harmless at my feet. I hardly know what to think of the 
gentleman's remarks as to catering for the Presidency. Of the ' Know No- 
things ' / know noiliing. If the object of those to whom the Senator from Iowa 
has referred is to prevent men of infamous character and paupers from coming 
here, I agree with them. I would say, establish a law requiring every person 
from abroad, before being received here, to bring an endorsement from one of 
our Consuls abroad, and produce evidence of good character from the place, 
whence he emigrates, so that when he comes here we may receive him into full 
communion with all the rights guaranteed to him by the laws which may exist 
at the time of his emigration. When the Senator from Iowa supposes that I 
would cater for the Presidency of the United States he does me great injustice. 

I would not cater for any office beneath Heaven But, sir, I know one 

thing ; if it were to be thrust upon me, I should make a great many changes in 
some small matters." 

The " Life of Houston," issued at that period, contained ex 
tended speeches bearing on Indian affairs made by him in the Sen- 
ate just at that juncture. Among these lengthy speeches the fol- 
lowing utterances are worthy of enduring record. On the 29th Janu- 
ary, 1855, Houston in the Senate argued: "They are a people 
isolated in their interests, and solely dependent for protection and 
justice upon the Government of the United States. The Indians 
have been charged with an aggressive and hostile spirit toward 
the whites ; but we find, upon inquiry, that every instance of that 
sort which has been imputed to them has been induced and pro- 
voked by the white man, either by acts of direct aggression upon 
the Indians, or by his own incaution, alluring them to a violation 
of the security of the whites." After citation of numerous in- 
stances, in which he alludes to early days, Houston said : " The 
course which has been pursued, since the days of William Penn to 
the present moment, has not been entirely successful in conciliating 
the Indians. But under the management of Washington, of the 
first Adams, of Madison, of Monroe, of the second Adams, of Jack- 
son, and of Polk, we have, with few exceptions, been very success- 
ful in maintaining peace with them. The suggestions made by our 
fathers in relation to their civilization and humanization are exem- 
plified and illustrated in the present condition of the southern 
tribes, who have received the greatest benefits of the light shed on 
them ; and they have responded to it by the cultivation of mind, 
by the development of resources, both physical and intellectual, 
which reflect lustre on their character. 

" When Texas was annexed to the United States, these Indians, on 
account of faith having been maintained with them by the then 
Executive of Texas, refused to meet and confer with the commis- 



Terrible Revenge of an Indian Chief. 223 

sioners sent to them by the President of the United States until 
they had the sanction of the Government of Texas ; and the sym- 
bols of confidence were put in the hands of the commissioners be- 
fore the Indians would treat with them. Take an illustration : 
One of their chiefs, with his wife and clfiild, and twelve men came 
to Fort Belknap, some one hundred and fifty or two hundred miles 
west of the fort at Hamilton's Valley. Property had been stolen 
by Indians. It was not known which of thirteen different tribes 
had taken it, for outlaws occasionally congregated from each, half 
a dozen of them stealing off from their tribes without the influence 
of their chiefs operating upon them. They were outlaws, careless 
of the destiny of their tribes, and reckless of the crimes which they 
might commit, so long as they could gratify their cupidity, and 
recompense their daring. These men had taken some property. 
Dragoons came on in the direction of the Red River, and reached 
Fort Belknap. So soon as they arrived, the officer said to this chief: 
'Sir, I retain you as a prisoner. It is true you came here under a 
white flag : but I am an officer ; I have the power ; I take you 
prisoner, and you must stay here a prisoner until the horses are 
brought back. Your men must stay, too, except one, whom I will 
send to your tribe with the intelligence of the fact.' The chief 
said : * My tribe have not committed the robbery ; it is a great dis- 
tance from me ; it is in another direction. I come from the rising 
sun ; that is toward the setting sun ; I was far from it ; you are 
between me and it ; I did not do it.' ' But,' said the officer, ' you 
are a prisoner.' The officer put him in the guard-house. Imprison- 
ment is eternal infamy to an Indian. A prairie Indian would rather 
die a thousand deaths than submit to the disgrace of imprisonment. 
You may wound and mutilate him as you please, you may crush 
every limb in the body of a prairie Indian, and if he can make no 
other resistance he will spit defiance at you when you come within 
his reach. This chief, meditating upon his deep disgrace, knowing 
that he was irreparably dishonored, unless he could wash out his 
stains with blood, resolved that night that he would either die a 
free man or rescue himself from dishonor. He rose in the night. 
He would not leave his wife and child in the hands of his enemy ; 
so he took his knife, and stabbed his squaw and little one to the 
heart. Not a groan was heard, for he well knew where to apply 
the poignard. He went and shot down the sentinel, rushed upon 
the superior officers, was shot, and perished like a warrior, in an 
attempt to wipe a stain from his honor. His men fled, and re- 
turned to their tribe, but it was to bring blood, carnage, and con- 
flagration upon our settlements. They came not again as brothers 
to smoke the calumet of peace, but with brands in their hands to 



/ 



224 Life of Sam Houston. 

set fire to our houses. Contrast that with the previous years ; 
contrast it with the harmony which had before existed, and you 
see the lamentable results of sending, as Indian agents and army 
officers to take charge of Indians, men who know nothing about the 
Indian character. Sir, while people are seeking to civilize and 
Christianize men on the banks of the Ganges, or the Jordan, or in 
Burrampootah, why should not the same philanthropic influence 
be extended through society, and be exerted in behalf of the 
American Indians? Is not the soul of an American Indian, in the 
prairie, worth as much as the soul of a man on the Ganges, or in 
Jerusalem ? Surely it is." 

The Thirty-fourth Congress did not present many occasions to 
call forth Houston, and that for two reasons : first, as he was be- 
fore the country as a candidate for the next Presidential canvass, 
it seemed becoming that he should confine himself only to his offi- 
cial duties as Senator ; second, as is usual during the latter half of 
any Presidential term, party leaders seek to avoid new issues which 
may compromise them before the people, and hence bring forward 
few new issues. The first session of the Thirty-fourth Congress 
opened December 3, 1855, and closed August 18, 1856. Important 
bills left unpassed, seeming to call for it, the President recalled 
Congress before they had left Washington, and an extra session 
was held from August 21st to August 30th. The second session 
met December i, 1856, and closed March 4, 1857. During this en- 
tire period Houston was prompt in the special business which de- 
manded his attention ; while he was a silent but impartial actor 
amid scenes of excitement, where his balanced judgment forbade 
him to become a participator. 

On the 2ist February, 1856, Houston took part in a discussion 
which was part of a series, in which his clear mind pointed out the 
distinction between the duties and authority of naval officers called 
in the ports of other nations to delicate yet imperative duties, and 
the duties and authority of army officers within the national terri- 
tory. The instructions given to Commodore McAuley, then cruis- 
ing on special duty in the West Indies, having been called for, 
Houston in a brief speech set forth the peculiar duties of naval 
officers, making it bear on the practical matter of the pay allowed 
them in their public relations. This was followed by farther ex- 
planations called out March loth. On the ist April the trial cf 
Capt. Ritchie, an officer of the army, drew from him his usual bal- 
anced views. 

The exciting incident of the session was the assault made May 
22d by Hon. Preston S. Brooks, a member of the House of Repre- 
sentatives from South Carolina, on Hon. Charles Sumner, Senator 



Brooki Assault on Sumner. 225 

from Massachusetts. In a speech which occupied two days of the 
session, Mr. Sumner had delivered his carefully prepared address en- 
titled " The Crime against Kansas." Portions of its statements 
were regarded as personally offensive to Senator Butler, of South 
Carolina. The age of the venerable Senator led his young kins- 
man to assume his place, and to inflict an assault with a cane upon 
Senator Sumner while seated in his place after the close of the 
morning session of May 22d; which, as the blows fell on his head, 
left scalp-wounds which required weeks of healing, and left also a 
permanent spinal affection. It was not the province of the Senate, 
but of the House, to take action in the premises. All calm judges, 
both in and out of Congress, regretted the act of Mr. Brooks as a 
youthful indiscretion. Houston's silence was more impressive 
than words could be. He saw in the heat called forth on both 
sides another indication that his patriotic efforts could not stay 
the progress which hot words were making toward deadly blows. 

On the 15th July discussions again calling out contrasts between 
the army and navy came up, and for some weeks Houston's ripe 
and rare experience was called out. In a speech on the Naval Re- 
tiring Board he showed that there were more naval officers than 
could be employed, and that the army furnished in this regard no 
analogy, since there were so many ways in which army officers at 
home could be employed, while naval officers abroad could have 
no corresponding employ. On the i6th August, again, when there 
was a proposal to increase the officers of the army, he urged their 
employ as engineers, in place of civilians, on surveys, and also on 
public works, such as custom-houses ; since this employ was re- 
quired both for economy and efficiency. At the same time he op- 
posed an increase of the rank and file of the army ; since, in case of 
war, the better reliance was on volunteers, who had homes to pro- 
tect and who only needed trained officers. 

To the honor of the administration of Gen. Pierce, and of his 
Secretaries, Marcy of the State Department, Dobbin of the Navy, 
is to be mentioned the effective inauguration of plans for the sup- 
pression of the slave-trade, brought about by the employ of Ameri- 
can cruisers in American waters, while British cruisers were 
accomplishing little on the African coasts. Houston supported 
this effort. 

15 



CHAPTER XXIV. 

Houston under President Buchanan, from March 4, 1857, till his Retirement 
FROM THE U, S. Senate, March 4, 1859. 

THE election of James Buchanan as President was an indication 
that the party to whose true interests Houston had given his 
patriotic devotion, were not gifted with his clear vision of interests 
impending in the future. He accepted the situation; wasted no en- 
ergies in complaints ; was sustained by conscious integrity of 
motive and correctness of judgment ; and his " last days " were his 
"best" in the counsels of the Senate. Though assuming no prom- 
inence he watched occasions when duty called for action, and he 
quietly but faithfully employed them. This character of Houston 
shone out all the more conspicuous, because deep religious convic- 
tion, as well as patriotic fidelity, ruled him ; and that, though the 
people of his own State listened no more to the counsel of age, but 
to the rash counsels of the young. The succession of Rehoboam 
to Solomon is but a type for ages and nations. 

The meeting of the 35th Congress, December 7, 1857, just after 
the new Presidential election, found the veteran hero of Texas 
promptly in his seat in the Senate, where more than ever he was 
greeted with respect and reverence by his comrades, and by the 
people of Washington. The first session, beginning December 7, 
1857, lasted till June 14, 1858 ; the second opened December 6, 1858, 
and closed March 4, 1859, which was the expiration of Houston's 
term. On the nth February, 1858, Houston presented resolu- 
tions of his State as to the impeachment of Judge Watrous. On 
the i6th February he proposed an act establishing a Protector- 
ate by the U. S. Government over Mexico and Central America ; 
urging, as oft before, that the people needed to be defended against 
the intrigues of political leaders, who oppressed them. On the 17th 
March, when a petition from Utah came to the Senate, and some 
from policy would suppress it, the commanding voice of Houston 
was heard Irom his seat : " Let us have it read." 

Early in March, 1858, the news came that he had been superseded 
in the Senate, by vote of the Legislature of Texas. Houston made 
no allusion to it, except as references to it by other Senators com- 
pelled his notice. On the 19th March he used the following 
language : 

(226) 



Houston on the Monroe Doctrine and Protectorates. 227 

" I was not the enemy of slavery, nor was I its propagandist, nor will I ever 
be. I believe it was the breaking- down of the barrier that secured our institu- 
tions in the South, when the Missouri compromise line was abandoned. It was 
only opening the door to free soil. I wish it to be understood that there are 
more people in the South than the statesmen and politicians that are seen in her 
public assemblies. There is a gallant yeomanry, a chivalrous and generous 
population, whose hardy hands are adapted as well to toiling for the procure- 
ment of the necessaries of life and the nurture of their families, as they are to 
the application of arms to vindicate their rights. They are the men whose 
voice will be heard when you carry the question of union or disunion to their 
homes." 

On the 23d March, when he vi^as again called out, he said : 

" The Legislature of Texas have superseded me in accordance with my wishes, 
by an election, to take effect March 4, 1859 ; till then it will be my duty to carry 
out their wishes. It has always been a cardinal principle of my democracy that 
when the will of a constituency on any measure is known to the representative, 
he is bound to execute, in all good faith, that known will ; or he is bound to re- 
sign his situation, in order that another man may be selected who will carry out 
their views. I therefore vote for the bill pending, knowing it to be in accordance 
with the views of three-fourths, at least, of the Legislature of Texas." 

On the 20th April Houston was drawn out in the only lengthy 
speech of this session. The bill proposing a Protectorate of the 
United States over Mexico and the Central American States, having 
been objected to, an amendment, omitting the mention of the latter, 
was pending. Forgetting the relation in which he now stood to his 
State, animated still by pure devotion to her interests in common 
with those of the country at large, Houston urged the following 
considerations : 

" Texas is most interested in the proposed Protectorate of the 2,000 miles of the 
border between the United States and Mexico, for 1,000 miles are on the Texan 
line. Mexico is both powerless and faithless. I alone, of 261 members of the 
Senate and House of Representatives, who were present in December, 1823, 
when the Monroe doctrine was announced, remain here to sustain it. Nearly all 
who then favored it, Webster, Clay, Benton, and others, are now dead. It was 
to such men, counseled by a Cabinet of such men as John Quincy Adams, Wm. 
H. Crawford, John C. Calhoun, Samuel L. Southard, William Wirt, and John 
McLean, that President Monroe addressed himself in such confident and reso- 
lute language with reference to the ulterior purposes of this country. I shall 
never cease to remember the exultant delight with which his noble sentiments 
were hailed. They met not only a cordial, but an enthusiastic reception, both in 
and out of Congress. They were approved with as much unanimity as if the 
entire population of the Union had been previously prepared to re-echo their ut- 
terance. At that epoch there was a broad, towering spirit of nationality extant. 
The States stood in the endearing relation to each other .of one for all and all 
for one. The Constitution was their political text-book, the glory of the Repub- 
lic their resolute aim. Practically there was but one party, animated but by one 



228 Life of Sam Houston. 

object, our upward and onward career. As if in atonement for the wrong in- 
flicted on the country by the angry Missouri controversy, which was then fresh in 
every mind, there seemed to be no circumscription to that genuine patriotism 
which everywhere within our embraces displayed itself. May we not trust, Mr. 
President, that a similar result will ensue from the siill more angry Kansas con- 
troversy, and that the benign influences of such results will be as, durable as 
creation ! This will assuredly be the case if the only question asked withifi this 
Capitol, when an embryo State asks for admission into the Union, shall be, 
' Does her Constitution conform to the national requirement, a Republican form 
of Government?'" 

Houston then went into an extended history of Mr. Monroe's 
words, and how they were commented on ; that he was opposed to 
the so-called Holy Alliance, which sought to re-establish Spain in 
her former possessions. ''Its position was: 'that crowned heads 
have a derived power to preserve what is legally established, was, 
as it ought to be, the invariable policy of those whom God has 
rendered responsible for power.' This is its language. Our excel- 
lent Minister to the Netherlands, Christopher Hughes, on the 25th 
August, 1823, at Liverpool revealed it. Great Britain, through 
Minister Canning, sought the co-operation of our Government. 
Monroe's reply was as a destructive earthquake to hopes of 
American acquiescence, at Paris. It was hailed by the Marquis of 
Lansdowne, in the House of Lords, in the following February, who 
said: 'He could grudge to the United States the glory of having thus 
early thrown her shield over those struggles for freedom which were 
so important, not only to America, but to the whole world. Let their 
lordships look to what had happened in the United States. There, 
a population of 3,000,000 had, in forty years, been increased to 
10,000,000.' Brougham, in the House of Commons, echoed the 
same sentiment. ' He trusted that as the United States had the 
glory of setting, we should have the good taste to follow the exam- 
ple of holding fast by free institutions, and of ever assisting our 
brother freemen, in whatever part of the globe they might be found, 
in placing bounds to that infamous alliance.' " In June, when called 
upon to vote, Houston responded to an objector : "Any one from 
motives of humanity is entitled to undertake to become a protector. 
I should not feel myself restrained, at my age, to interpose in be- 
half of humanity, and to arrest the cruelties and murders committed 
on a defenceless people." 

True to his instinct, Houston, shortly after this speech, in view 
of the pressure of business in the Senate, moved a resolution that 
the Senate meet at 11 o'clock instead of 12 o'clock, that there might 
be more time given for deliberation on important measures. On 
the sth May Houston replied to Senator Hale, of New Hampshire, 
who had disparaged West Point Military Academy because so 



Incidents of Houston's last Senatorial Term. 229 

many of its cadets did not finish their course, or left the service 
after completing their course. Houston approved this thinning of 
the ranks as a benefit to the service, and exclaimed : " Practical 
men, not martinets, are wanted." He urged, however, that the 
course might, in some respects, like those of colleges, require 
adaptation to the practical demands of the service ; and said : " I 
doubt whether the extent to which theoretical study is carried 
there is essential to every officer constituting the army of the 
United States." 

The meeting of the second session, December 6, 1858, found 
Houston cheerful and devoted in his Senatorial duties. On the 
23d December, 1858, when the motion to go into the new hall, just 
then near completion, after the holidays, was pressed, Houston said : 
" That as his term expired on the 4th March, it was a matter in 
which he could be disinterested. He urged, however, that the 
change was necessary for the health of the members." On the 
same day he presented and urged a memorial giving a pension to 
the widow of Col. Trumbull. He said that this duty, imposed by 
friends of his in the North, was imperative. Col. Trumbull did not 
fall in battle, but died from lingering disease contracted by ex- 
posure in the service. He urged that men who, after faithful and 
protracted preparation for the service, had lived for years on small 
salaries, were entitled to remuneration in the brief years of their 
later service. On the loth January, 1859, when provision was 
proposed to exclude ex-Members of Congress from the floor of the 
new Senate Chamber, since they were so often there as mere lob- 
byists, Houston provoked merriment by a humorous allusion to its 
possible application to himself. On the 5th January Houston 
made honorable mention of Gen. Quitman, commending his gal- 
lantry in coming to the relief of Texas in her need ; though by 
unworthy detention prevented from being present at the decisive 
battle. On the 12th January Houston spoke on the Pacific Rail- 
road bill, urging that the southern route through Texas be chosen 
as the most economical, and least liable to interruption in winter. 
On the 31st January he spoke on the Indian reservation ; urging to 
the last his views of domesticating the Indians, and declaring that 
he believed even the warlike Comanches might be trained, like 
other Mexican Indians, to habits of civilized society. 

On the 28th February Houston delivered his farewell address 
to the Senate. 

No man ever left the city of Washington with such unanimous 
esteem for mingled nobleness of character and faithfulness in ac- 
tion as Sam Houston. The following mention of him in the 
National Intelligencer, which for half a century was esteemed 



230 Life of Sam Houston. 

throughout the United States and Europe as the impartial chroni- 
cler of passing events — a mention made during the memorable 
session of the Peace Commissioners, who met in January, 1861 — 
deserves to be added as the closing record of his Congressional life. 
The Intelligencer of February 28, 1861, has this statement: "Texas 
is raising an army. The Legislature has authorized the new Gov- 
ernor to issue State bonds to the amount of $500,000 to repel inva- 
sion." In its issue of March 2d, the Iniellige?icer quotes as follows 
from the New York Journal of Commerce : " A letter from Cape 
Verde, Texas, received in this city from Col. Waite, makes no men- 
tion of an order to relieve Major-Gen. Twiggs, who delivered up 
the United States property to Texas. The telegraph does not say 
to whom, but probably not to Gov. Houston." The Itiielligencer 
explains : " It was to the committee of three on public safety." 
The Jjitelligencer of March 6th contains the following citation : 
" The Austin, Texas, Intelligencer has been permitted to publish 
the following extract from a letter written by Gov. Houston to an 
old friend, defining his position : * You say it is reported that I am 
for secession. Ask those who say this to point to a word of mine 
authorizing the statement. I have declared myself in favor of 
peace, of harmony, of compromise, in order to obtain a fair expres- 
sion of the will of the people. Dangerous as may be the precedent 
inaugurated by the convention before the majesty of the law which 
recognizes the power to submit the question of disunion to the 
people, I yield, in the same spirit that actuated Andrew Jackson in 
paying the fine arbitrarily imposed on him at New Orleans. I am 
determined that those who would overthrow shall learn no lesson 
from me. I still believe that secession will bring ruin and civil 
war ; yet, if the people will, I can bear it with them. Sixty-seven 
years of freedom, the recollection of past triumphs and sufferings, 
the memories of heroes, whom I have seen and known, and whose 
venerated shades would haunt my footsteps were I to falter now, 
may perhaps have made me too devoted to the Constitution and 
the Union. But, be it so. Did I believe that liberty and the rights 
of the South demanded the sacrifice I would not hesitate. I be- 
lieve that less concession than was necessary to frame the Consti- 
tution will now preserve it. Thus believing, I can not vote for 
secession. I have hesitated to say anything on this topic, because 
I desire the people to act for themselves. My views are on record. 
Yet it is perhaps but right that my old friends should know that 
the charge that I am for secession is false." 

In his memoir of Houston in "Johnson's Cyclopedia," Hon. A. 
H. Stephens, of Georgia, says : " His decided opposition to the 
policy of secession lost him the confidence of those for whom he 
had done so much." 



CHAPTER XXV. 

Career of Houston as Governor of Texas — State Measures — ^Want of Harmony 

BETWEEN the EXECUTIVE AND THE LEGISLATURE — SECESSION — HiS DEPOSITION 

FROM THE Gubernatorial Office. 

IN November, 1857, while still acting as United States Senator, 
Gen. Houston was a candidate for Governor, and was defeated 
by Hardin R. Runnels.* In November, 1859, he was again a can- 
didate, and defeated Governor Runnels. f In both instances he was 
an independent candidate, running against the regular Democratic 
nominee. 

On the 2ist December, 1859, Sam Houston was inaugurated 
Governor of Texas. Political excitement was intense. The ques- 
tions which had been discussed, from the adoption of the Federal 
Constitution, and the Virginia and Kentucky resolutions of 1798 
and 1799, down to the adoption by Congress of the Fugitive Slave 
Bill, had nearly reached their issue in the wager of battle. The 
gathering clouds foretokened the coming storm. The great polit- 
ical canvass was just opening which resulted, in November, i860, 
in the election of Abraham Lincoln as President of the United 
States. Houston was independent in politics at this time, but he 
had no sympathy with the party that elected Lincoln as President, 
although he was ardently attached to the Union, and as ardently 
opposed to secession. 

He commenced his Gubernatorial administration with a Legisla- 
ture not in harmony with him, and from this time up to March 18, , 
1861, when he ceased to be Governor, he was beset by unusual diffi-J 
culties., ' Agitation pervaded the State. Fires, supposed to be 
incendiary, occurred frequently in various parts of the Territory. 
The Indians had been removed from their reservation, but contin- 
ued to be more hostile and barbarous than ever. Cortina frequently 
committed depredations on the Rio Grande frontier, crossing to the 
Texas side, and committing thefts and murders. To obtain accu- 



* At the election in 1857, there were 56,180 votes polled. Hardin R. Runnels re- 
ceived 32,552 ; Sam Houston, 23,628, for Governor. F. R. Lubbock, 33,379 ; Jesse 
Grimes, 20,818 ; F. Smith, 878, for Lieut.-Governor. 

f At the election in 1859, 64,027 votes were cast. Sam Houston received 36,257 
votes; Hardin R. Runnels, 27,500, for Governor. 

(231) 



232 Life of Sam Houston. 

rate information, commissioners were sent to the Rio Grande, after 
which, Major Forbes Britton was dispatched to Washington to 
secure protection on that border. These measures resulted in an 
order from the War Department to Col. Robert E. Lee, then in 
command in Texas, to cross the river, if necessary, and break up 
Cortina's band. With equal promptness Gov. Houston used his 
best efforts to protect the frontier. A few days after his inaugura- 
tion he ordered Captains W. C. Dalrymple, Edward Burleson, and 
John C. Connor to raise companies of sixty men for frontier pro- 
tection. In February Lieutenants White, Salmon, and Walker 
were directed to raise companies of twenty-five men each. 

The frontier continued to be harassed. The Governor, on the 
9th of March, empowered each Chief-Justice of the frontier coun- 
ties, to call out a company of fifteen men at any time necessary. 
Captain Peter Tomlinson was authorized to raise a company of 
forty-eight men, to scour the country between the Frio and the Rio 
Grande. To compel the Indians to return to their own country. 
Col. M. T. Johnson organized an expedition. A party of savages, 
who had been committing serious depredations in Palo Pinto and 
Jack Counties, were pursued, later in the year, by Captain L, S. 
Ross, and severely punished. 

A controversy appeared in the news journals of May, i860, be- 
tween Governor Houston and the Comptroller of the State, Hon. 
Clement R. Johns. The points in debate do not seem to have been 
any charges of peculation, fraud, or corruption, but wholly involve 
the question of executing a law, and supervising and attending to 
its execution. 

But the exciting scenes of the Presidential election of i860 ab- 
sorbed public attention.* Governor Houston addressed letters to 



* Private letter to Gen. George Washington Crawford, of Washington, Texas. 

" Austin, Zth September, i860. 
" My Dear General: — Your favor has this moment been received, and I as frank- 
ly reply as 3'ou wrote to me. Personally, I like Breckinridge more than either of the 
candidates in the field, and 'tis because he is an amiable gentleman, as well as a 
man of fine intelligence, and I think him quite as honest as either of the other can- 
didates. My wish and object is to beat Lincoln with any man in the field. The 
question is, how is this to be done ? If Breckinridge alone were in the field opposed 
to Lincoln, could he do it? I think not. Now! why not? Because, if he were 
to get all the Southern States, as he would do, could that elect him ? No ! Could 
he certainly get any free State ? I think not, brought forward as he was by Yancey- 
Rhett-Keitt and the disunion influence, and supported by these men and others 
equally odious to the national feeling. His friends, too, of the N. Y. Herald, Col. 
Orr, and others, concede that he stands no chance of election. If a Union ticket 
is supported North and South, it can be elected, I think, and let the electors only 
be pledged to cast their votes for the strongest man against Lincoln, and in this 



Houston on Presidential Candidates m 1860. 233 

the Governors of the other Southern States, proposing some con- 
certed action ; to these letters there came no favorable response. 
On the 17th December he issued a proclamation, convening the j 
Legislature in extra session, January 21, 1861. His message de- / 
plored the election of Messrs. Lincoln and Hamlin, but in it he / 
could see no cause for the immediate and separate secession of j 
Texas. He informed the Legislature that he had ordered an elec- 
tion to be held on the first Monday in February, to elect delegates 
to a Convention of the Southern States, contemplated by the joint 
resolution of February 16, 1858, to devise means for the mainte- 
nance of their Constitutional rights, and to demand redress for the 
grievances they had been suffering at the hands of many of the 
Northern States. Neither the Legislature nor the leading politi- 
cians of the State harmonized with the sentiments of Governor 
Houston. The people by common consent, instead of waiting until 
the first Monday in February, and electing delegates to a Conven- 
tion of the Southern States as contemplated in the act of February, 
1858, and ordered by the Governor's proclamation on the 8th of 
January, elected delegates to a State Convention, composed of two 
members for every member of the House of Representatives. This 
Convention met in Austin, January 23, 1861, and was organized by 



wa)- he may be defeated, otherwise I think Lincoln will be elected by the electoral 
colleges. By voting for a Union ticket it will not exclude Mr. Breckinridge if he 
stands on the Union principle, and, if he does not, no one ought to vote for him, 
or any other man who can not stand there. By voting for men, as electors, who are 
pledged to principle, and not to this or that individual, the design of the Consti- 
tution will be answered. It is certainly as safe for the country to rely on the discre- 
tion and judgment of electors, acting under the responsibility of a Constitutional 
obligation, as it is to rely on the members of a Convention to nominate a candi- 
date, and, therefore, I am willing to rely on the honesty and discretion of the 
electors, if any should be elected on the Union ticket, so to act and vote, if they 
can, to defeat Lincoln. This is what I go for, and any man before him that may 
be elected. I have sworn that I would never vote for any man, directly, who voted 
for or supported the Nebraska Bill. Douglas and Breckinridge are in the same 
category on this subject ; and I might, by voting the Union ticket, indirectly vote 
for either. As for Mr. Bell, I regard him as a slim chance for a President, and 
would not directly vote for him, although he voted against the Nebraska Bill. There 
is a tale to that I So you see I do not go for man or men, but for principle, and if 
Mr. Bell should stand on any platform, after filching it, I can not help it, or for any 
consideration come out in favor of a man who has no chance of success, and who 
has allowed himself to be used by odious men, and for no good purpose that I can 
perceive. So far as men are concerned I will look on with folded arms. So far as 
principle is concerned I will always be ready to speak out. Give our love to the 
ladies. 

"Thine truly, Houston. 

" P. S. — The mail is closing. . . . How can a Jackson Democrat vote for Rhett 
or Yancey, or their representative?" 



234 Life of Sam Houston. 

electing Oran M. Roberts, President, and R. T, Browrigg, Secre- 
tary. The Legislature promptly recognized the Convention, 
although not specially summoned by the Executive of the State, 
and the Governor announced that he would not be a barrier to the 
wishes of the people of the State. The Ordinance of Secession 
was passed, revoking the ordinance adopted in Convention on the 
4th July, 1845, and declaring that Texas "is a separate, sover- 
eign State, and that her citizens and people are absolved from all 
allegiance to the United States or the Government thereof." The 
Legislature and Convention both adjourned after the adoption of 
the ordinance. In accordance with the ordinance of the Conven- 
tion, Governor Houston issued his proclamation for an election to 
be held on the 23d February, at which the people were requested 
to vote for or against secession. The election was held, and re- 
sulted in 39,415 votes for, and 13,841 votes against secession. 

On the 4th of March the Convention re-assembled, and sent a 
committee to confer with the Governor, and announce to him that 
" Texas was now a free, sovereign, and independent State," free 
from and independent of that Union, into which fifteen years be- 
fore it had gone with such enthusiasm. Governor Houston con- 
tended that the functions of the Convention had ceased with the 
passage of the ordinance of secession, and its submission to the 
vote of the people, and protested against any further action by the 
Convention. Notwithstanding the Governor's protest, on the same 
day the Convention passed an ordinance uniting Texas with the 
new Confederation, which had been formed at Montgomery, Ala- 
bama. On the 14th of March the Convention passed an additional 
ordinance, requiring all State officers to take the oath of allegiance 
to the Constitution of the " Confederate States," adopted and pub- 
lished by the Convention then sitting at Montgomery, Alabama. 
Governor Houston and the Secretary of State, Hon. E. W. Cave, 
refused to take said oath. Their offices were declared vacant. 
The other public officers took the required oath, and were con- 
tinued in office. Hon. Edward Clark, the Lieutenant-Governor, 
having taken the prescribed oath to support the Constitution of 
the " Confederate States," was sworn in and duly installed as Gov- 
ernor on the 1 6th of March. The office building of the Governor 
continued to be occupied by General Houston until the i8th of 
March, when Governor Clark entered the room before General 
Houston reached it in the morning, and thereafter held undisputed 
possession. The Legislature having re-assembled on March i8th, 
according to adjournment. General Houston sent a message to that 
body, setting forth the injustice of his removal, and protesting 
against the usurpation of the office of Governor by Governor Ed- 



Superseded as Governor, Refuses U. 8. Support. 235 

ward Clark. This was the last act having any official significance 
which General Sam Houston ever performed. He quietly retired 
with his family to his home at Huntsville, and remained a passive 
spectator of passing events. The following letter, addressed to 
Col. Waite, of the United States Army, San Antonio, Texas, will 
explain itself : 

"Austin, Texas, March 29, 1861. 
" Dear Sir ; — I have received intelligence that you have received, or will 
soon receive, orders to concentrate United States troops under your command 
at Indianola, in this State, to sustain me in the exercise of my official functions. 
Allow me most respectfully to decline any such assistance from the United 
States Government, and to most earnestly protest against the concentration of 
troops or fortifications in Texas, and request that you remove all such troops 
out of this State at the earliest day practicable, or, at any rate, by all means take 
no action toward a hostile movement till further ordered by the Government at 
Washington city, or particularly of Texas. 

" Thine, Sam Houston." 

Gen. Houston loved the Union. He did not believe the " Con- 
federate States " could maintain their independence, and yet he 
allowed his oldest son to enter the Confederate army. The suc- 
cesses of the Confederate arms up to April, 1863, rather inclined 
him to believe that under Robert E. Lee, Stonewall Jackson, and a 
favoring Divine Providence the Confederacy might live, although 
opposed to his convictions. 



CHAPTER XXVI. 

Closing Days— Resolutions of Texas House of Representatives, and Speech 
OF Hon. J. H. Banton, of Walker County. 

AFTER his ejection from the Gubernatorial office Gen. Houston 
retired with his family to his residence at Huntsville, Walker 
County. With calm dignity he watched the events of the war then 
waging. He had no confidence in the success of the " Confederate 
States." He so far sympathized with the South as to allow his 
eldest son, as has been before remarked, to enter the Confederate 
army, in which he was a lieutenant, and distinguished himself in 
chivalrous conduct in the contests in Louisiana, and by his devotion 
to the land of his nativity while a prisoner of war under Federal 
control. Occasionally he appeared at parades, and noticed the 
drill of troops, and sometimes gave vent to his fund of humor at 
the expense of some whose chivalry consisted in words. On one 
occasion a captain was drilling his company, while Gen. Houston 
was one of the lookers-on. The captain, observing him, said to him, 
"General, will you drill my company a little for me?" "With 
great pleasure, sir," said the General. Taking his position in front 
of the company, he commenced : "Attention, company! Eyes 
right ! " The order was obeyed. The General then observed, 

" Gentlemen, do you see anything of ? " Unanimously they 

replied " No." " Then, front face ! " Again the order was exe- 
cuted, " Now, gentlemen," said the General, "do you see anything 

of ? " Again the reply was " No." " Then, gentlemen, eyes 

left ! " Once more the order was carried out. "Well, now, gentle- 
men, do you see anything of ?" Again the company reply 

" No." " No," : ays the General, "and you will not see anything of 
him where there is any danger, while this war lasts." Then turning 
to the captain, he said : " Captain, I turn the company over to you 
again ; they are very well drilled indeed." 

But worn down with anxiety, and suffering from disease and 
pain, his constitution gave way in the summer of 1863, just after 
the fall of Vicksburg had spread dismay all over Texas. In health 
he stood with an erect, well-made form, a giant in strength. His 
hair turned prematurely gray from herculean labors. His eye was 
(233) 



Reaolutions of Texan Legislature on Houston's Death. 287 

ever soft and clear, and beamed with a smile which no man can 
wear whose heart does not overflow with love of country and phi- 
lanthropy to his race. He suffered during his long and eventful 
life from few, if any, physical ailments. But no surgical skill was 
ever able to close up the wound which he received in his right 
shoulder from two rifle-balls, at Tohopeka. That wound dis- 
charged every day for forty-seven years. His linen was wet with 
its discharge in the hour of his death. In an almost miraculous 
manner he entirely recovered from the wound in his ankle, re- 
ceived at the battle of San Jacinto. Surrounded by his family 
(except Lieut. Sam Houston, Jr., who was on the field of battle), 
his great frame succumbed to the power of the destroyer, and his 
great soul passed to the presence of his God on the 26th day of 
July, 1863. He was attended by admiring friends, and conversed 
freely on his soul's welfare with Rev. Mr. Cockrell, pastor of the 
Huntsville Presbyterian Church. The House of Representatives 
of Texas adopted the following resolutions at its session, about 
three months thereafter, which were introduced by an address 
from Hon. J. H. Banton, Representative of Walker County. The 
following is a transcript of the resolutions forwarded to Mrs. 
Houston : 

" House of Representatives, ) 

"State of Texas, Nov. 3, 1863. \ 

" Mr. J. H. Banton, of Walker, offered the following resolutions, to wit : 

"Resolved, That the House has heard with deep regret that the distinguished 
statesman, patriot, and soldier, General Sam Houston, departed this life on the 
26th day of July, 1863, at his residence in Walker County. 

"Resolved, That in his death the State has lost one of its distinguished citi- 
zens and public servants, and one of its ablest and most zealous advocates and 
defenders of its rights, liberties, and its honor. 

" Resolved, That so great a light can be illy spared in this dark hour of our 
country's existence, and its going out is alike a State and a national calamity. 

"Resolved, That his public services through a long and eventful life, his un- 
blemished patriotism, his great private and moral worth, and his untiring, de- 
voted, and zealous regard for the interests of the State of Texas command our 
highest admiration, and should be held in perpetual remembrance by the people 
of the State. 

"Resolved, That the sympathies and condolence of the people of the State be 
tendered the afflicted family of the deceased. 

" Resolved, That the Clerk of the House furnish the surviving widow of the 
deceased a copy of these proceedings, and that they be spread upon the journals 
of the House. 

" Resolved, That as a further token of respect to the memory of the distin- 
guished dead, this House do now adjourn to 10 A.M. to-morrow; which was 
adopted, and after some appropriate remarks from Mr. Banton, the House 
adjourned to 10 a.m. to-morrow." 



238 Life of Sam Houston, 

Mr. Banton said : 

"Mr. Speaker: As announced in the resolutions which have been read from 
the clerk's desk, Gen. Sam Houston is no more. A great man has fallen. Texas' 
most distinguished citizen has ceased to exist among us, and it is but fitting and 
just that we, the representatives of the people, should betoken the high esteem 
in which he was held by them ; and give expression to that deep feeling of regret 
which pervades the whole country in consequence of its great bereavement. As 
the representative of the county of his residence, and as his friend and admirer, 
I feel it incumbent on me to bespeak for the resolutions the favorable consider- 
ation of the House. And in doing so I will not presume, sir, on the intelligence 
of this honorable and enlightened body, by attempting even an epitome of the 
history of the life, character, and public services of a man whose name is as fa- 
miliar as household words, even to the very children of the most obscure ham- 
'ets of the State, and whose fame is coextensive with civilization itself. His 
deeds, which constitute the history of his life, at the same time constitute a very 
large, important, and inseparable portion of the history of the country. To know 
the history of the one is in a very great measure to know the history of the other. 
And while those deeds, both military and civil, have made his renown and given 
immortality to his name, they have gilded his country's history with undying 
glory. Under his leadership in the field, Texans acquired a reputation for 
chivalry, daring, gallantry, and all that's glorious in war, which their indomitable 
descendants and successors in this second struggle for liberty and independence* 
with pride emulate. His civil deeds in the legislative and administrative de- 
partments of Government have not been less distinguished, and contributed no 
less to his own renown and the greatness of the State. I believe, sir, I do no 
injustice to the distinguished living or dead of this State when I say Sam Hous- 
ton was the most remarkable man known to its history. May I not safely assert 
that his life is more fruitful of remarkable and thrilling events and incidents than 
that of any other man of his generation ? Profound, far-seeing, and compre- 
hensive in statesmanship ; bold, daring, glorious in war ; a dear lover of peace, 
with wonderful capacity to enjoy private life and the family circle, he combined 
all the elements necessary to constitute him truly a great man. Such, sir, is the 
man whom Texas has the honor of claiming as her own, and whose death we 
now lament. And though he leaves an enduring monument of his greatness and 
worth in the history of his country and the affections of his countrymen, yet I 
would it were in our power at this time to erect a material monument, towering 
and colossal, like the majestic form of him in whose honor it is reared, as a token 
of that high esteem in which he was held by the people of the State. And I 
indulge the hope that the day is not far distant, when grim-visaged war will de- 
part, and smiling peace, with her attendant innumerable blessings, v^ill return 
to make the heart to rejoice and crown the land with plenty — when a grateful 
and liberal people can rear to the memory of Thomas J. Rusk and Sam Hous- 
ton, twin brothers in the glorious struggle for Texan independence, two lofty 
monuments whose majestic proportions shall be fit representatives of these noble 
heroes, towering above all else, the ornaments and pride of the State, perpetual 
remembrancers of the noble deeds of noble patriots, seiving to stimulate the 
laudable ambition of the aspiring youths of the State through many generations. 

" Sir, I was with Gen. Houston in his last illness and in his last moments on 



Il(yfi. Mr. Banton's Eulogy on Houston. 239 

earth. He who was Sam Houston in life was emphatically and characteristically 
Sam Houston in death. The same reverence-inspiring form, the same piercing 
eye, the same gigantic mind ! Death came upon him like a ' deep sleep,' and he 
sank as sets the sun in the peaceful and quiet splendors of a summer's eve. It 
affords me much pleasure to state to the House that he died in the triumphs of 
that faith which he professed during the last decade of his life. And she who 
performed so important a part in his reformation, the partner of his bosom, had 
from his own dying lips ample assurances that her labors in thi^t behalf had not 
been in vain, and that he was sustained by an abiding faith in the Author of his 
redemption, and by that living hope which is ' as an anchor of the soul, both 
sure and steadfast, and which entereth into that within the veil.' There is, sir, 
to my mind something majestic, magnificent, and yet instructive and beautiful, 
in such a life and such a death. He whose career was as brilliant and in some 
respects as erratic as the comet in its wildest flights, revolved with equal splen- 
dor, yet with lamblike humility, during the last years of his life around the great 
Sun of Righteousness as the center of his attraction. But, pleasmg as are these 
consoling reflections in bereavement, I will not longer indulge in them. Gen. 
Houston leaves a most devoted wife and large and lovely family of children, 
who lament in the bitterness of their souls the loss of him who was their com- 
fort, their stay, and their pride. Full of years and of honors, he has gone to rest. 
" And now that the war of faction and of party is over with him, and the 
tongue of envy is hushed, all can see and acknowledge his great worth, and 
honor his immortal memory. Whatever may have been his faults or errors (and 
to say his long and eventful life was free from them is more than can be said of 
mortal man), none can question his pure and undying devotion to his country, 
especially Texas, and the 'patriotic pride^with which he at all times beheld her 
prosperity. We might say of Texas, that she was his handiwork ; he loved 
her as a father loveth his own child, rejoiced with her when she rejoiced, and 
wept with her when she wept. Always as jealous of her rights and honor as of 
his own, he never, when in his power to prevent it, suffered the one infringed or 
the other tarnished. And I doubt not that as long as there are those who love 
Texas, and desire the perpetuation of the rights, liberties, and honor of her peo- 
ple, and as long as her glorious history is read, the name of Houston will be 
honored and revered and his noble deeds emulated by a grateful people. " 



CHAPTER XXVII. 

Gen. Houston's Religious Life— Letter of Rev. Geo. W, Samson, D.D. — State- 
ment OF Rev. Geo. W. Baines, Sen. 

HON. L. D. EVANS was a Member of the House of Representa- 
tives from Texas when Gen. Houston was a Senator from 
Texas. He told the writer that he always knew, night and morn- 
ing, from occupying a room just under Gen. Houston's, when Gen. 
Houston retired, from his regular habit of kneeling for prayer, 
when he laid down for sleep and rose up for the day's duties. It 
is stated on good authority that he kept generally a supply of 
" Nelson's Cause and Cure of Infidelity," and gave copies away 
gratuitously to such of his friends as avowed skepticism about 
Christianity. 

The following letter will give an insight into the incidents which 
led to his public profession of religion, when he was immersed, 
November 19, 1854, by Rev. Rufus C. Burleson, D.D., and became 
a member of the Independence Baptist Church. As a member of 
the Church, Gen. Houston took a deep interest in all that apper- 
tained to the religious growth and prosperity of its members, and 
gave liberally of his means to advance Christian education and 
missions. It is stated that the Rev. J. W. D. Creath, having reached 
his house while on a mission, having lost his horse, he readily sup- 
plied him with another, saying, "Take him; the King's business 
requires haste." He was never asked to pray in public that he did 
not kneel down with the congregation and offer up an humble, fer- 
vent prayer. 

" Columbian College, j 

" Washington, D. C, March 28, 1866. } 
" Rev. Wm. Carey Crane, D. D. 

" My Dear Sir . — Your letter, asking that I would note clown for your use 
any reminiscences of General Sam Houston that might he of value in your pro- 
posed Memoir, is received. It is, of course, in reference to his religious charac- 
ter and life that you will expect me to reply. Of his views as a statesman, and 
of his course in his political life, it did not belong to my relationship as a chosen 
pastor to take account ; and others to whom that field belongs can supply all 
you desire. 

" It is natural to men of the world, and even to' Christians, so far as they are 
controlled by worldly interests, to entertain doubts of the sincerity and genuine- 
(340) 



Houston^s Growing Religious Convictions. 241 

ness of the professed religious conversion of such men as General Houston. 
The prophet of the Old Testament realized this when he asked, ' Can the Ethio- 
pian change his skin, or the leopard his spots ? Then may ye also do good that 
are accustomed to do evil ' (Jer. xiii. 23). It is yet more to be expected that 
' Israelites, indeed,' like Nathaniel, men ' in whom there is no guile,' will ask, 
' Can any good thing come out of Nazareth ?' (John i. 46-47.) When men 
who have for years been under the control of passion and worldliness profess to 
have experienced a religious change, their conduct will, undoubtedly, be more 
closely scrutinized than that of men outwardly moral. Yet it is ever to be 
remembered that men of blood, and of towering appetites and passions, like 
David and Saul of Tarsus, become the most manifest marks of the power 
of God to redeem fallen human nature; the one, 'a man after God's own 
heart,' though a murderer and an adulterer ; the other, * breathing out threat- 
enings and slaughters,' yet a ' chosen vessel to bear Christ's name to the Gen- 
tiles,' though the churches of Judea could not believe for years ' that he was 
a disciple.' 

" Shortly after the annexation of Texas as a sister State to the American Union, 
the tall form of ' Sam Houston,' as he was familiarly called, draped in his 
Mexican blanket, as a shield against the blasts of winter, at Washington, was 
seen one Sabbath morning entering the sanctuary of the Baptist church on E 
Street, near the City Hall. Frankly approaching the pastor alter service, he said 
that respect for his wife, one of the best Christians on earth, had brought him 
there. When the hope was expressed that feelings deeper, and obligations more 
imperative than those which bound him in devotion to a companion so worthy, 
would soon bind him to the house of God, a warm pressure of the hand, and a 
hearty response to the suggestion, showed that there were convictions beyond 
what were avowed that struggled in his mind. From that time, for twelve years, 
always in the morning, and often at night, he might be seen seated in a pew 
near the pulpit. For a time, mechanically, and from habit, he appeared provided, 
as in the Senate, with his pocket-knife and bit of pine, carving some little work 
for his own or other children, yet frequently arrested in his employ, and, looking 
up intently to catch some connection of thought that struck him in the sermon. 
In a few months the service seemed to absorb all his thoughts, and the whole 
outline of the discourse was so noted, that he could write it down in his Sunday 
evening letter to his wife. 

" Not many months after, a sermon from the text, ' Better is he that ruleth 
his spirit than he that takelh a city ' (Prov. xvi. 32), seemed to rivet his atten- 
tion. The fixedness of his gaze naturally drew the preacher's to him, and the 
interest manifested by the hero of so many battles gave, doubtless, a turn and 
an unction to some suggestions thrown in by the speaker and observed by the 
special hearer, though none others in the audience took notice of it. Often 
afterward General Houston referred to that sermon as having fastened convic- 
tions of his own need and duty upon his mind from which he could never rid 
himself. 

" As the sermon referred to seemed to have been blessed in convincing him of 
his sinful need, so a series of evening discourses on Old Testament examples 
of Christian faith, delivered some months yet later, had the effect of guiding him 
to the grounds of hope, and of Christian redemption for men of his character 
and life. After separate discourses on Paul's catalogue, in the nth chapter of 
16 



242 Life of Sam Houston. 

his letter to the Hebrews, first, on the three antediluvian examples of saving- 
faith, Abel, Enoch, and Noah ; next, on the four of the patriarchal period, Abra- 
ham, Isaac, Jacob, and Joseph ; then of the two in the transition period of 
Israel's origin as a nation, Moses, the law-giver, and Joshua, the military founder 
of the Hebrew State; the four men around whose history clusters the interest of 
the reign of the Judges, Barak, Gideon, Jephthah, and Samson, were each made 
the theme of a sermon. Strange specimens of Christians these men were ad- 
mitted to be ; doubtful sharers of the thorough redemption, and the genuine re- 
newal which faith in the Redeemer, then to come, always gives. Men they 
were, who, from their external conduct alone, presented in the Old Testament 
history of their lives as military and civil leaders, we should never dream were 
men of humble faith in God ; but whose " life hid with Christ in God " Paul is 
inspired to bring out, for the instruction and comfort of kindred spirits in these 
last days. As the circumstances of the age in which these men were depicted, 
an age of settlement in a new land, of conquest over rude and heathen tribes, 
and even of border and intestine warfare among independent and jealous States 
not yet consolidated into a nationality. General Houston followed the narrative, 
and seemed to ponder the resemblance to times and circumstances through 
which he and thousands of his comrades had passed. When little hints from 
the inspired record of their lives in the Book of Judges were made to reveal 
their meaning in the strong light of Paul's statement about them, statements 
which, as the great apostle unto the Gentiles, of that Gospel which, four hundred 
and thirty years before the Law was preached unto Abraham, he was inspired 
to make, and it was made to appear that men leading so rough a life might yet 
be genuine servants of God and be redeemed by Christ, Gen. Houston's whole 
soul appeared to be absorbed in the contemplation. He, too, became a sincere 
believer in that same Redeemer. 

" It was his practice, as intimated, to spend his Sabbath afternoons in writing 
to his wife, not only incidents of the week, but abstracts of the sermons that he 
heard. Often her replies, sometimes commenting on the doctrine, often urging 
the exhortation of the sermons reported, were read with intense interest to the 
pastor. Some of these are treasured as instructive and pleasant memories. 
Among these remembrances were comments on a discourse of the Rev. Dr, 
Dewey at the Unitarian Church. The General had expressed his wish to gratify 
some friends of Dr. Dewey by hearing once, at least, this great and cultured 
expounder of the history and moral lessons of Jesus as an unequaled human 
teacher. No mind could have better discriminated than his did, between the 
excellence and value of all that was urged by the preacher, and that omtited 
"truth as it is in Jesus," on which he could alone rely as his own personal hope 
of redemption. 

" His reading became more and more decidedly religious ; and what he had 
found valuable to himself he was fond of imparting to others. He early ex- 
pressed a wish to obtain a copy of ' Nelson on Infidelity,' of which he had heard 
as eminently adapted to men of his caste of mind. Its perusal so met his own 
intellectual demands, that he sought, through the same source, several copies for 
distribution to some of his special friends, whose religious views he thought 
needed such an aid. At another time he procured several copies of the ' West- 
ern Sketch-Book." and 'Adam and David,' by Rev. Mr. Gallagher, the eloquent 
and devoted Presbyterian pioneer in the Mississippi valley, whose subsequent 



Test of Houston's Christian Conversion. 243 

service as Chaplain of the House of Representatives was so blest to many. One 
set of these volumes, elegantly bound, he presented to his attached Washington 
pastor; whom, for years before his public Christian profession, he always called 
' brother.' On another occasion, to aid his own Bible study, as well as to facili- 
tate that of those whom he most esteemed, he bought three copies of that ex- 
pensive work, 'West's Analysis of the Bible,' one of which volumes he presented 
to his wife's pastor in Texas, and a second to his own pastor at Washington. 

" During the session of 1854 he expressed his conviction that he ought to make 
a profession of religion, by the public ordinance of baptism. The question was 
debated whether he ought to receive this rite, and make that public consecration 
in the presence of his associates in Congress at Washington, or amid his family 
and early companions in his Texan home. The scale turned in favor of the 
latter suggestion. 

" On his return to Congress the next winter, many eyes were on him ; and the 
tests of his thorough and fixed devotion of himself to God were anxiously looked 
for by his pastor. They became at once apparent, and remained immovable. 
Calling early after his arrival to see him, an hour was spent in conversation on 
his profession, and the grounds Vv'hich had led to it. On rising to leave, the 
pastor was followed as usual to the door, and, as often happened, the General 
asked : 'Brother S., is there anything I can do for you? ' his reference being to 
claims of humanity, sc^metimes presented to him. The reply was, 'No, General, 
I have no tax upon you at present.' Immediately, however, the recollection was 
awakened that the next Sabbath was the season for the Lord's supper, and that 
with one of the leading brethren of the church. General Houston had formerly 
a trying, and yet unsettled controversy, in his official capacity as the head of a 
Senate Committee. At once, prompted by the recollection, the pastor added, 
still holding his hand, ' General, I recall that statement in part ; I have nothing 
to ask of you as a man, but I have something to ask of you as a Christian pastor.' 
Fixing his keen eye, as he looked down upon mine, he meekly but firmly asked, 
' What is it, brother S. .'' ' ' General,' was the reply, ' you knovv the alienation be- 
tween you and brother W. You will meet at the Lord's supper next Sabbath 
evening ; you ought not to meet till that difficulty is settled. Now I wish you, 
after service on Sunday morning, to let me bring you two together, and with- 
out a word of attempt at justification on either side, I wish you to take him by 
the hand, and say with all your heart, that you will forgive and forget and bury 
the past, and that you wish him to do the same, and hereafter to meet you as 
brothers in Christ.' The fire began to glow in his eyes, his brow to knit, his teeth 
to clench, and his whole frame shook with the struggle of the old man within 
him ; but in an instant, the man whose passion had been terrible, indeed ungov- 
ernable on so many a bloody battle-field, was changed from the lion into the 
lamb. He meekly replied, 'Brother S., I will do it.' And, what he promised 
was done, and in an air of majestic frankness and nobleness of soul, such as 
moved every beholder. From that hour I never have doubted that General 
Houston was a man renewed by the Holy Spirit. 

" Many a time the Christian pastor is asked if he thinks such and such an one 
baptized and received into the fellowship of the church, perhaps a playful child, 
a pleasure-loving youth, a morose head of a family, a miserly business man, can 
be a Christian. If such men as Jephthah and Samson and David and Solomon 
could be true servants of God, because saved by faith, not by works of right- 



244 Life of Sam Houston. 

eousness, then such men as Sam Houston give the strongest of all testimony 
that they are born of God. The pastor, the wife, see that life hidden with Christ 
in God, shining out so often and so brightly, that they can not err in judgment. 
The world, and even the mass of Christians who see only occasional exhibitions 
of Christian principle, seldom called out in the routine of busy life, should trust 
these better judges. The angels see more clearly ; they know who truly repents, 
and they rejoice over him ; they come when he dies to bear him to their home ; 
and they will gather all such with unerring certainty into one band, in the day 
of the revelation of God's rigliteous judgment. It is more than a hope, it is the 
intelligent confidence of his long-attached pastor, that Sam Houston will be 
there found among that band. 

" I am, your brother, G. W. Samson." 

An interesting incident in the religious life of Gen. Sam Hous- 
ton is subjoined, furnished by Rev. George W. Baines, of Salado, 
Texas : 

" When Gen. Houston made a public profession of religion I was living at 
Anderson, in Grimes County, Texas, and serving the church at Brenham, 
Washington County. I heard of the revival meeting at Independence, where 
Gen, Houston then lived, and of his conversion. On my way to Brenham, on 
Friday, I went by Independence, and rode up to the General's gate about dusk. 
Sister Houston saw me, and came out to meet me, evidently excited, and ex- 
claimed : ' Oh, Bro. Baines, I am so glad to see you. Gen. Houston has professed 
religion, but says he can not join the church, and I want you to talk to him 
about it, for I know he has the greatest confidence in your knowledge of such 
things. Communion is his difficulty. He says he can never take the com- 
munion elements, because, while he thinks he is a Christian, yet he may be mis- 
taken, and if he should be, then by eating and drinking unworthily his damna- 
tion would be sealed.' She further said that brother Burleson and others had 
tried to satisfy him, but had failed, and she was very anxious for him to see me. 
He was gone to the meeting, and I did not see him until we met at the table 
next morning. There he proposed to ride with me on my way to Brenham, 
which he did. On our way he said to me: 'My wife and other friends seem 
anxious for me to join the church, and I would do so if I could. But with my 
pres'ent convictions, which I received when a boy, it is impossible.' I then 
asked him to state his convictions, which he did as follows ; said he : ' When I 
was quite young I went with my mother to the Presbyterian church, of which 
she was a member. It was a communion season, and the great Dr. Blackburn 
preached. During the communion service he quoted the passage in Corinthians 
which sets forth the fearful danger of eating and drinking unworthily, and urged 
the awful necessity that each one of the communicants should be very careful 
in examining himself lest he should not really be in the faith — not be a real 
Christian — and therefore not be worthy to eat the emblems of the sacred body 
and blood of the Lord Jesus, and he told them plainly that if they should thus 
eat and drink unworthily they would thereby seal their damnation forever. 
Now,' said Gen. Houston to me, 'while I enjoy a sweet peace of mind in be- 
lieving in the Lord Jesus as my Saviour, yet I know it is possible that I may be 
mistaken in this matter. And if I should be, then should I join the church and 



Misinterpretation of the Lord''s Supper. 245 

commune unworthily, there would be no possibility ever to correct the snd and 
awful mistake.' Then said I, ' Well, General, I see your difficulty, and it is a 
very reasonable one as you see it. But I think I can show you that it has no 
scriptural foundation at all. First, allow me to say that I have not the least 
shadow of doubt as to your honesty in your statement of what Dr. Blackburn 
said. But yet I think it possible that you misunderstood him. But upon the 
ground that you are correct in your statement, I think I can so present the doc- 
trine of the passage referred to that if you will read it over carefully you will see 
that Dr. Blackburn made a fearful mistake in his exegesis. He missed entirely 
the true teaching of the inspired apostle.' Then I told him that I understood 
the apostle to administer a rebuke to the Corinthian brethren for their observ- 
ance of the ordinance in that they made it a feast, and ate and drank to gratify 
their natural appetites, instead of remembering and discerning the Lord's body 
as He had directed them to do. He reminds them also of the true nature of the 
Lord's Supper, and that he had received it of the Lord Jesus just as he delivered 
it to them with the law governing it as a Christian ordinance and duty. But 
they by their perversion had so changed it that when they came together it was 
not to eat the Lord's supper, and thus show forth His death as His law of the 
ordinance required them to do. So they violated this law, and thereby brought 
upon themselves the condemnation of this law governing this holy ordinance. 
Then I think that the question in the mind of the apostle was one of manner, as 
indicated by the word unworthily, which is an adverb of manner, and describes, 
not their faith in Christ, or relationship as Christians to Christ, but the manner 
in which they discharged their duty, in eating and drinking the emblems of His 
body. Therefore, when the apostle says, 'Let a man examine himself, and so 
let him eat,' I do not believe he had any reference to the question of their being 
Christians, or to the laws governing that matter ; but reference alone to the law 
governing their ordinance, and the questions of right views, motives, and pur- 
poses, as set forth in that law. If this be so, then the danger against which the 
apostle cautioned the Corinthians was not that eating and drinking unworthily 
would be a violation of the law governing their Christian existence or being, 
but such unworthy acts would be a violation of the law of this ordinance which 
governs their well-being, happiness, and usefulness as Christians in a very great 
degree. 'Thus,' said I to the General, 'you see why I said that Dr. B. made a 
fearful mistake, perverting entirely the true doctrine of the passage to which he 
referred ' ' Yes,' said the General, ' I see it clearly, and now I will return home 
and read that chapter carefully. Your views are new to me, but they seem to 
be very reasonable, and I thank you for them.' We then parted. I went on to 
my appointment. He returned, read the Scriptures mentioned, and joined the 
church." 



CHAPTER XXVIII. 

Anecdotes — Interesting Letter of Gen. E. G. W. Butler. 

NUMEROUS anecdotes affecting public affairs and private indi- 
viduals are related, of which Gen. Houston is the central 
figure. Many of them indicate the bitter satire, the caustic sar- 
casm which sometimes escaped him when a sense of wrong or in- 
justice was apparent. A few of those only should find a place in 
this memoir. 

Two of these are taken from Hon. Ashbel Smith's " Reminis- 
cences of the Texas Republic." They are given in Col. Smith's 
own vigorous and classical language. It is illustrative of the times 
of the first administration of President Houston : 

"San Antonio was much the largest, richest, most influential city 
of Texas of that period. It was remote from the seat of govern- 
ment. There was no intervening population between it and the 
Mexican frontier. For its protection, and that of the country, a 
considerable squadron of cavalry was stationed in that city. This 
squadron was, indeed, the only military of Texas kept mobilized 
that was ready to take the field. Major Western, who commanded 
this body of cavalry, had by some acts and significant innuendoes 
intimated that he cared very little for the one horse Government in 
the city of Houston. President Houston was apprehensive that an 
order to recall the Major, or to relieve him, might be disobeyed. 
It was announced publicly that a Minister would be appointed to 
represent Texas at the Court of St. James. Col. Wm. H. Patton 
was going to San Antonio on his own private business. President 
Houston, in a long and friendly conversation with Col. Patton, at 
length adverted as by accident to the proposed mission to Eng- 
land. He spoke of Major Western, lauded his polished manners, 
his courtly address, his diplomatic ability, said the Major strongly 
reminded him of Mr. Van Buren, asked Col. Patton what he 
thought of the appointment of Major Western for this mission. 
All this he begged Col. Patton to hold in strict confidence. 
Nothing was absolutely determined on. ' Col. Patton need not be 
surprised at anything.' The President, waiting till he heard of 
Col. Patton's safe arrival in San Antonio, sent through the War 
Department orders to Major Western to report in person at the seat 
(246) 



Houston's Wit and Strategy, 247 

of government. The Major presented himself in Houston, radiant 
and decorous as Titus at the head of the Roman Legions, organ- 
ized for the conquest of Jerusalem. Time rolled on. The Major 
became visibly impatient, despite the gracious accord with which 
President Houston greeted him. At length he began to inquire 
very quietly who was to be appointed to England. He inquired 
of your speaker, who was a member of Houston's staff, but Ashbel 
Smith ' knew nothing of Cabinet matters ; he was not a member 
of the Cabinet.' Finally instructions were being made out in the 
State Department, and Gen. J. Pinckney Henderson was making 
preparations to leave for London. The rumor leaked out. 'The 
Major would not believe it.' * President Houston had better judg- 
ment of men.' 'What did Henderson know of diplomacy?' The 
appointment of Gen. Henderson became an established fact. The 
Major was disgusted. * He would go back to San Antonio,' and so he 
did, but he found his successor there well established in command 
of the cavalry. Referring to this matter at the time, Gen. Houston 
said to your speaker that he would have no pronunciamentos of 
the Mexican fashion in Texas during his Presidency. During his 
second Presidency he had to confront and ward off the far more 
perilous danger of two pronunciamentos which were threatened, 
and which might have proved disastrous but for his consummate 
tact in charming them down. Recurring to the incident just re- 
lated, Gen. Houston at a subsequent time provided comfortably 
for his disappointed old friend, the Major, by placing him at the 
head of the Indian Bureau." 

While the subject of annexation was still unsettled. Col. Smith 
says further that : "An incident which then occurred is not with- 
out signification as to the opinions he then pondered over. He 
was leaving Washington on the Brazos for Eastern Texas one 
morning in February, 1845. ^^ came into my room, booted, 
spurred, whip in hand. Said he : * Saxe Weimar (the name of his 
saddle-horse) is at the door, saddled. I have come to leave Hous- 
ton's last words with you. If the Congress of the United States 
shall not by the fourth of March pass some measure of annexation 
which Texas can with honor accede to, Houston will take the 
stump against annexation for all time to come.' When he wished 
to be emphatic he spoke of himself by name, Houston in the third 
person. Without another word, embracing after his fashion, he 
mounted, and left." 

" At one period the war fever ran very high, and on one occasion 
a committee of gallant gentlemen waited on Houston, asking his 
advice and co-operation, and they requested him to address our 
fellow-citizens in this sense. He made a public speech, which he 



248 Life of Sam Houston, 

concluded with advice, as he had been desired to give it. This ad- 
vice was in two words, ' Plant corn.' " 

Many traditionary stories are current illustrative of his wit, his 
adroit cuts upon individuals offensive to him, and his opinions of 
men and measures ; but their record will not serve to enhance his 
fame, and may embitter feelings which time has soothed, and time 
will let die. There is, however, one told by the late Col. James W, 
Scott, a member of his staff, and his devoted friend, which may be 
taken as a specimen of numerous others of similar character. 

Living on the road to Austin, whither he and his staff had to 
pass for his inauguration the second time into the Presidency, was 
a man who was much embittered against Houston, although he 
had never seen him, and who had said that he would kill Gen. 
Houston if he should ever see him. The members of the staff 
were warned not to allow Gen. Houston to call or stop at this 
man's house, — a suitable stopping-place otherwise after a day's ride. 
Having traveled most of the day, and time for stopping nearly 
arrived, Gen. Houston and his party approached this man's house. 
Calling to his staff, the General said : " We have traveled far 
enough ; here is a good stopping-place ; let us see if we can not 
obtain quarters here for the night." The gentlemen of the staff 
remonstrated with him, telling him what they had heard of this 
man. "Well," said Houston, "this is the right place at which to 
stop. We will stop here." The staff knew that there could be no 
successful resistance to his will once formed, and they determined 
to await in perfect silence the issue. Riding up to the entrance of 
the house. Gen. Houston inquired of the man in front if he and 
his party could be entertained for the night. He was courteously 
answered in the affirmative ; thereupon he and his staff proceeded 
to store their luggage on the portico, and send their horses to the 
stable. The staff superintended this business, while Gen. Houston 
seated himself on the portico. Observing some children, he called 
them up, commenced telling them some stories, and soon had them 
hanging around his chair, gazing wistfully into his face, seeking 
more stories. Shortly afterward the lady of the house made her 
appearance, and the owner of the place also gathered near, and 
when the staff returned from looking after the horses, they found, 
to their amazement and consternation, the whole household fasci- 
nated by Houston's conversation. Supper was announced, but just 
as the master of the house was about to serve his guests from the 
dish before him, Houston touched his arm, and said : "My friend, 
although I do not profess religion [at that time the General had 
not joined the church], still I always ask God's blessing when I 
partake of His bounty. Allow me to ask a blessing." " Certainly, 



Hov.stori's Conquests by Kindness. 249 

sir," said the master of the house, who by this time was completely 
under the spell of Houston's magnetic presence, " ask a blessing." 
He asked the blessing, talked cheerfully while eating, telling 
agreeable incidents, quite captivating the man, his lady, and their 
children. Supper over, conversation ensued until it was near the 
usual bed-time, and the man suggested that "Rooms were ready, 
if the gentlemen were desirous of retiring." "Well," said Gen. 
Houston, " have you a Bible ? It is always my habit to read a 
portion of Scripture before I retire." The lady of the house was 
only too glad to get something done which looked like religion in 
the house, and she soon procured a Bible. Houston read a brief, 
familiar passage, and made some appropriate comments thereon, 
then observed : " Having done all I do usually at home, we are 
ready to retire." He and his staff retired, without exchanging 
words. In the morning, at breakfast, he again asked a blessing. 
After breakfast the staff proceeded to get up the teams for travel, 
while Gen. Houston still conversed with the family. The horses 
ready, and before any settlement had been made, one of the staff 
stepped forward, and said, forgetting the injunction, "General, we 
are ready to start." The man looked up, startled, and inquired, 
"General! Who?" " General Houston," said the General, "Houston 
himself." "Are you General Houston?" said the amazed man. 
Without the slightest exhibition of concern, Houston replied, "I 
am, sir." "Well," said the entertainer, "I have always said I 
would kill you on sight ; but, sir, any man that can talk to my wife 
and children as you have talked, ask such a blessing on the meals, 
read the Bible, and comment on it, as you have done, is always 
welcome to my house." ''Well," says General Houston, "what 
must we pay you for your trouble and hospitality ? " " Nothing, 
sir. You and your staff can call as often as you please. From this 
time on I shall be a Houston man." And Col. Scott said that man 
was an inflexible friend of Gen. Houston ever afterward. 

"St. Louis, Mo., April g, 1881. 

" My Dear Sir : At the instance of our learned friend, the Rev. G. W. Sam- 
son, of New York, ' the pastor of Sam Houston ' while a United States Senator, 
I sit down to write to you concerning our early association and correspondence, 
and the annexation of Texas. 

" When, in 1816, I was appointed a cadet in the United States Military Acade- 
my, by request of Andrew Jackson, my guardian, Houston was a lieutenant in 
the First Infantry, and on duty in the Adjutant-General's office of the Southern 
Division, commanded by Maj.-Gen. Andrew Jackson, and of which Col. Robert 
Butler, my gallant cousin, was Adjutant-General. He resigned his commission 
March i, 18 18, was elected to Congress in 1823, and being then a Lieutenant of 
Artillery, on topographical .service in Washington, I had the pleasure of again 
meeting my old friend. I soon discovered that he had lost none of his eccen- 



2.10 Life of Sam Houston. 

tricities. He made me accompany him to every hat store in Washington in 
search of a hat with ' a very narrowr rim '; and, finally, to the Capitol, to select 
his seat in the House of Representatives, 

" After having selected his seat, as he imagined, he turned to me, and re- 
marked : ' Now, Butler, 1 am a Member of Congress, and I will show Mr. Cal- 
houn that I have not forgotten his insult to me when a poor lieutenant.' 

"When a lieutenant, he once went to Washington in charge of an Indian 
delegation, dressed, as was his wont, in Ittdiati costume. For this Mr. Calhoun, 
then Secretary of War, reproved him, and he never forgot nor forgave him. 

"You, sir, and your good friend Dr. Samson, know more than I do of his 
after and remarkable career — his election as Governor of Tennessee ; his first 
and unfortunate marriage ; his resignation and sojourn among the Cherokee In- 
dians ; and his advent to Texas. I will theretbre conclude with a few remarks 
upon the ' re-annexation of Texas,' as Robert J. Walker termed it, and Hous- 
ton's connection therewith ; and with reference to the advance of Gen. Taylor's 
army into Mexico, concerning which I, then a private citizen of Louisiana, exer- 
cised no little influence. 

" You recollect President Van Buren's rejection of President Houston's proffer 
of the annexation of Texas to the United States for the alleged reason, ' We 
already have elements of strife enough, and when the fruit is ripe, it will fall 
into our lap '; but really from sectional motives, for which Robert J. Walker, the 
able champion of annexation, defeated his renomination to the Presidency by 
springing the ' two-thirds rule ' upon him. 

" Years passed away ; Houstonr had been succeeded as President of Texas by 
Jones, and Van Buren as President of the United States by Harrison, and, at 
his death, by Tyler, when, in 1844, my old friend and West Point classmate, 
Andrew Jackson Donelson, was sent as chargi cfaffaires to Texas, to negotiate 
a ' Treaty of Annexation.' Finding Houston violently opposed to it, and Jones 
consequently indisposed or indifferent, Donelson induced him to convene the 
Texan Congress, believing it and the people to be in favor of it. 

" During the interval, Donelson came to me at my plantation in the parish of 
Iberville, Louisiana. He read to me his correspondence with the Texan Gov- 
ernment, and its apparent indifference ; of his visit to Houston, in the interior, 
and his indignation toward Van Buren, and consequent opposition to the pro- 
posed treaty ; and, finally, remarked that Houston seemed to be under the influ- 
ence of Elliott and Saligny, the English and French representatives near the 
Government of Texas, who were endeavoring to defeat annexation, and to ne- 
gotiate treaties of commerce or alliance, ' offensive and defensive,' with the Gov- 
ernments of England and France. 

" I therefore advised him to return at once to Texas, to appeal to the people, 
many of whom he knew, and to use every means in his power to counteract the 
efforts of Elliott and Saligny. He returned immediately to the seat of the Texas 
Government ; and, a few days after his arrival, Capt. Elliott was holding forth 
at one end of the dinner-table of the hotel against annexation, in a loud voice, 
when Donelson, who sat at the other end, remarked, in an equally loud voice, 
' Captain Elliott, I think you are making a fool of yourself.' That finished the 
cause of the gallant captain ; for any one who knows a Texan can imagine the 
effect upon those present of Donelson's remark. 

" In the meantime I went to the ' Hermitage,' at the request of my venerable 



HoudoTi's ^^ Coquetting'''' with France and England. 251 

friend and godfather, Andrew Jackson, to take a final and sad leave of him ; and 
annexation and Houston were his constant theme. Soon after my return to my 
plantation, the papers announced that Gen. Houston would be in New Orleans 
on a certain day, on his way to the ' Hermitage,' to take leave of his dying 
friend. Knowing that he would reach that city the evening before the ' annex- 
ation meeting at the Arcade,' I wrote to him as follows, and my letter may be 
among his papers : ' My dear General, allow me to recall myself to your remem- 
brance by informing you that I have just returned from a pilgrimage to the " Her- 
mitage," to take a final and sad leave of our dear old friend ; and his parting in- 
quiry of me, in regard to annexation, was, " Edward, what will Houston do ? " 
It is owing to my inability to answer that question that I now address you ; and 
it can not be possible that a native of Virginia and a citizen of Tennessee can 
have so far forgotten what is due to himself and his country as to lend himself 
for an instant to the representatives of England and France.' 

" That there might be no mistake, I gave the letter to Capt. Hart, who, the 
day following, assured me that he placed it in Gen. Houston's hands; and after 
several speeches had been made at the 'Arcade meeting' in favor of annexation, 
Gen. Houston was called for, when, after some prefatory remarks, he said : ' My 
friends, I have been accused of lending myself to England and France ; but, I 
assure you, I have been only coqiietiing with them.' He proceeded to the 
' Hermitage,' and returned through Alabama, making speeches on his way in 
favor of annexation ; and it became a fixed fact. 

" Toward the close of President Tyler's administration, Maj. Donelson was 
elected a delegate to the Democratic Convention at Baltimore from Tennessee, 
and I from Louisiana, when Gen. Jackson wrote to me, requesting me to go by 
the way of the ' Hermitage,' as he wished Maj. Donelson and myself to go on 
together, I could not attend the Convention, which repudiated Van Buren, and 
nominated Polk for President. During Maj. Donelson's visit to me, I in- 
quired as to the General's object in wishing us to go together. He seemed sur- 
prised at the inquiry, and replied : ' Made sure that Mr. Van Buren's rejection of 
Texas had put an end to his pretensions, and he wished to direct our attention 
io Mr. Polk'; and when I inquired of him at parting, 'In case we can not nomi- 
nate our friend Van Buren, what shall I do .'^ ' he replied : ' Throw your friend 
overboard ; and go for your country.' 

" Now, my dear sir, in view of the part which you see I took in the annex- 
ation of Texas, that which I took in causing the forward movement of Gen. 
Taylor's army into Mexico, forms a somewhat strange coincidence. 

" When my brave and patriotic old friend Gen. Taylor, after the brilliant 
affairs of Palo Alto and Resaca la Palma, sat down for weeks at Matamoras, 
knowing his want of self-reliance and the desire of the Government that he should 
march upon Monterey, I wrote to him to that effect, and he responded : ' I have 
not heard from the Secretary of War for two months, and do not know the 
wishes and intentions of the Government in regard to the movements of this 
army. If an advance into Mexico is intended. Gen. Scott, who knows the 
wishes of the Government, is the proper person to command its army and to 
carry out its wishes.' 

" Alarmed by the receipt of even a letter, and that after Gen. Scott's refusal 
of the command, from fear of 'a fire in his rear,' I wrote to Senator Cass, gave 
him an extract from Gen. Taylor's letter, and begged him to see the President 



252 Life of Sam Houston. 

and Secretary of War without delay, and have him properly advised and in- 
structed. 

" Gen. Cass replied : ' I have conferred with the President and Secretary of 
War, in conformity to your request, and without committing Gen. Taylor, who 
has the entire confidence of the Government ; and Gen. Taylor has been fully 
advised of its wishes, and furnished with the necessary instructions.' The result 

you know. 

" Faithfully and truly yours, E. G. M. Butler." 

Not only in Texas, where he. was the idol of "the people," but in 
Washington and New York, the people clustered about Houston as 
a father, and hundreds were proud to have taken his hand, to have 
met his benign snnile, and to have received from him a word of 
heartfelt tenderness. Called in New York to take part, in the 
winter of 1853-4, in a course of public lectures for a benevolent 
object, inaugurated by J. T. Smith, Esq., in which several clever 
eminent gentlemen took part, Houston's calm dignity of manner, 
his profound good sense, and his overmastering spirit of patriotic 
earnestness, captivated his hearers. At church, in Washington, the 
aisles would be blocked by people pressing forward, at the close of 
the service, toward the pulpit, near which he always sat ; the 
humblest hearer, as well as men of prominent positions, pressing 
to exchange greetings with the hero and statesman of his genera- 
tion. In the vestibule the colored occupants of the gallery waited 
to welcome him, and were eager to receive his kind and genuine 
expressions of esteem. Those twelve years in Washington, inter- 
spersed with visits farther north, were full of incidents, and rich in 
sentiments uttered, which a volume would not contain. Most of 
all, it was what Houston did not do and say — especially amid the 
exciting scenes attending the assault on the Massachusetts Senator 
— the theme of excited comment in public and private, which 
brought out Houston's greatness. The remark of the old Greek 
sage, that " he had sometimes repented speaking, never keeping 
silent," — the highest of all examples, that of "the Just One," con- 
demned to death though faultless, who, when insulted, "yet opened 
not His mouth," — these models of the most transcendent greatness 
thoughtful observers saw often realized in Sam Houston. 



CHAPTER XXIX. 

Domestic Life of Sam Houston— Mrs. Margaret Moffette Lea Houston— Poetry. 

THE early domestic troubles of the hero of San Jacinto have 
been briefly detailed. Gen. Houston rarely, if ever, alluded to 
them, nor did he in anywise reflect upon the character or memory 
of the first Mrs. Houston, 

The history of his relations to the second Mrs. Houston is alike 
honorable to all parties, and a noble tribute to the exalted ex- 
cellence of a pure, lovely, well-developed female character. 

The second Mrs. Houston, Margaret Moffette Lea, daughter of 
Temple and Nancy Lea, was born in Perry Co., Alabama, April ii, 
1819. She received the best advantages of the schools of Alabama, 
and through all her life continued to improve her intellectual 
powers by reading and study. Associating with the most culti- 
vated people of Alabama, possessed of winning manners and con- 
versational powers, she attracted no little attention from men of 
eminence in Church and State. 

She was a thorough student of the Bible, and was devotedly at- 
tached to the principles of practical Christianity. The writer first 
met her in Marion, Alabama, in 1839, at a time when she was re- 
garded as the most attractive and fascinating young lady in that 
part of Alabama. She became a member of Siloam Baptist 
Church, Marion, and was baptized by Rev. Peter Crawford, then 
pastor of that church. 

On a visit to Mobile she first met Gen. Houston. He was at 
that time given to occasional excesses in drinking, by which he 
had acquired the name among the Indians of " Big Drunk." His 
romantic history, his brilliant career as the savior of Texas, his 
commanding figure, winning manners, and vivacious conversation, 
won the heart of the young Alabamian. 

She was asked by the writer why she ran the risk of unhappi- 
ness and misfortune by consenting to link her destinies with those 
of Gen. Houston, at a time when he gave way to such excesses ? 
She replied, that " not only had he won her heart, but she had 
conceived the idea that she could be the means of reforming him, 
and she meant to devote herself to the work." 

(253) 



254 Life of Sam Houston. 

According to her wishes, and to the astonishment of her friends, 
she was married to Gen. Sam Houston in Marion, Alabama, May 
9th, 1840. 

It was not long before her influence induced him to give up 
strong drink, to which he never returned. 

" There is a sorrow which even the hero can not bear. The 
storms of life may beat against the frail dwelling of man as wildly 
as they will, and the proud and the generous heart may still with- 
stand the blast. But when the poisoned shaft of disappointment 
strikes the bosom where all we love or live for is treasured, the 
fruit of this world turns to ashes, and the charm of life is broken. 
Then it is that, often, reason and bliss take their flight together." 

When this dark cloud fell over the path of Houston, he buried 
his sorrows in the flowing bowl. His indulgences began with the 
wreck of his hopes, and, like many noble and generous spirits, he 
gave himself up to the fatal enchantress. But his excesses were 
exaggerated a hundredfold. We believe no man can say that he 
ever saw Houston rendered incompetent, by any indulgence, to 
perform any offices of private or public life a single hour. But the 
days of his indulgences passed away. When the sunlight of do- 
mestic happiness again shone through his dwelling, and he was 
sustained once more by that great conservative principle of a 
man's life, a happy home, illumined by the smile of an affectionate 
and devoted wife, his good angel came back, and for years no man 
was more exemplary in all the duties and all the virtues of the 
citizen, the father, and the husband. From that moment he es- 
poused the great cause of virtue and temperance with all the ear- 
nestness of his nature. Whenever an opportunity presented itself, 
he has eloquently spoken, in public and in private, in favor of that 
beneficent movement which has restored many thousands of gener- 
ous but misguided men to the long-abandoned embraces of weeping 
families, and to the nobler duties of citizenship. And who could 
better tell the horrors and woes of the poor inebriate's life than the 
man who had experienced them ? Who could more eloquently and 
winningly woo back the wanderer to the fold of virtue than he who 
had just returned to its hallowed enclosure ? Blessings on the 
head of the devoted and beautiful wife, whose tender persuasions 
prove too strong for the clamors of appetite and the allurements 
of vice ! In winning the stricken wanderer back to the pure char- 
ities of home she saved one of its noblest citizens ; and so benign 
has been the influence of his wonderful example, and so calm and 
so holy a light beamed around the altars of his prairie home, that 
his children will, with the nation he saved, rise up and call him 
blessed. Houston's indulgences never were carried so far as to 



Mrs. Houston's Literary Merit. 255 

give a shock to his constitution. They were only occasional at 
any period. 

As a woman, Mrs. Houston was as remarkable as was General 
Houston as a man. True to principle, firm in her convictions, spir- 
itual in her ideas of religion, devoted to her husband and her 
children, she considered the strict performance of the great duties 
of domestic life as an achievement of moral heroism. The good of 
the land were always welcome to her fireside, and cordially enter- 
tained at her hospitable board. 

While thus absorbed in home duties, Mrs. Houston was busied 
with her pen ; her private letters and her magazine contributions all 
being tinged with the one aim of her life ; as the moral and religious 
guide of her children, and the guardian angel of her husband's pri- 
vate and public life. During his Senatorial career Houston was 
never so happy as in receiving her weekly letters, in reading por- 
tions of them to his trusted friends, and in writing his Sunday 
afternoon replies. The contributions of Mrs. Houston to the 
Mothers' Journal, of Philadelphia, were as highly prized by its nu- 
merous readers as by him who rejoiced that their sentiment and 
their suggestions were realized in his own household. 

Eight children blessed their married life : ist, Sam ; 2d, Nancy 
Elizabeth ; 3d, Margaret Lea ; 4th, Mary William ; 5th, Antoinette 
Power ; 6th, Andrew Jackson ; 7th, William Rogers ; 8th, And. 
Temple ; all grown and married, except the two younger ones, and 
all occupying commanding positions in society The following 
lines of poetry will evince respectable poetical talent and strong 
affection : 

To My Husband. 

December, 1844, on Retirement from the Presidency. 

Dearest, the cloud hath left thy brow, 

The shade of thoughtfulness, of care. 
And deep anxiety ; and now 

The sunshine of content is there. 

Its sweet return, with joy I hail ; 

And never may thy country's woes 
Again that hallow'd light dispel, 

And mar thy bosom's calm repose I 

God hath crown'd thy years of toil 

With full fruition, and I pray 
That on the harvest still His smile 

May shed its ever gladdening ray. 



256 lAfe of Sam Houston. 

Thy task is done ; another eye 
Than thine must gnard thy country's weal ; 

And oh ! may wisdom from on high 
To him the one true path reveal ! 

When erst was spread the mighty waste 

Of waters, fathoms wide and far, 
And darkness rested there, unchased 

By ray of sun, or moon, or star, 

God bade the gloomy deep recede. 
And so young earth rose on his view; 

Swift at his word the waters fled, 

And darkness spread its wings and flew. 

The same strong arm hath put to flight 
Our country's foes ; the ruthless band 

That swept in splendid pomp and might 
Across our fair and fertile land. 

The same Almighty hand hath raised 
On these wild plains a structure fair, 

And well may wondering nations gaze 
At aught so marvelous and rare. 

This task is done. The holy shade 
Of calm retirement waits thee now. 

The lamp of hope relit hath shed 
Its sweet refulgence o'er thy brow. 

Far from the busy haunts of men. 
Oh ! may thy sou! each fleeting hour 

Upon the breath of prayer ascend 

To Him who rules with love and power. 

— M. M. Houston 

Our Daughters. 

Our eldest is an autumn bloom. 

Just as the summer rose grew pale 
She smiled upon our woodland home. 

The brightest flower in all the vale. 

The second April came with showers, 
The buds to ope, and vines to wreathe, 

And left the sweetest of its flowers 
Upon my joyous heart to breathe. 

Sweet month ! but two short years had past. 
And lo ! with smiles again she came, 

And left a bloom fair as the last, 

A strange bright flower for me to name ! 



Death of Mrs. Houston. 257 

Almost two years had passed away, 

And winter looked upon my flowers 
With meaning smile that seemed to say, 

" I bring- no vine-wreath for your bovvers," 

No spring bird's song, nor summer breeze, 

Nor leaves of autumn's glowing hue. 
To throw around my lone, bare trees ; 

But winter has its offering too. 

And oh ! the brightest rose there lay 

Upon his hand ! " It is thine own." 
He whispered, as he passed away, 

"Oh, guard it well, the fragile one." 

My beauteous gifts ! fiow carefully 

Their tender branches I must train ! 
That each fair plant on earth may be 

A household joy ! And yet in vain 

My fondest care without that aid 

The blessed Lord alone can give. 
Father ! these earthly blooms must fade. 

But let their souls before Thee live. 

My buds of innocence in time 

Be formed to bloom beyond the skies. 

Within the cloudless spirit's clime 
Unfading flowers of Paradise. 
HUNTSVILEE, Texas, March 14, 1856. — M. M. HOUSTON. 

After the death of Gen. Houston Mrs. Houston returned to their 
former residence at Independence, Texas, for the purpose of edu- 
cating her children in Baylor University and Baylor Female Col- 
lege. Her health was much impaired by asthma, still she availed 
herself of all opportunities of doing good, and signalized her sym- 
pathy with the suffering and dying during the prevalence of yellow 
fever and kindred diseases in Texas in the summer and fall of 1867. 
Just at the close of that season she was herself prostrated by dis- 
ease, of which, in entire resignation to the Divine will, she died 
December 3, 1867, leaving a noble example of a blameless and use- 
ful life to her children, who survived her. 

Gen. Houston's remains are buried at Huntsville, while Mrs. 
Houston's remains are buried alongside of those of her mother, at 
Independence, Texas. A simple, small, plain slab is placed over 
the hero's grave, with these words : " Gen. Sam Houston, born March 
2, 1793. Died July 26, 1863." Nothing as yet signalizes the spot 
where the remains of his companion lie. 
17 



CHAPTER XXX. 

General Estimate of Houston's Character. 

IT has been said by one already frequently quoted, " That Gen. 
Houston's judgment was pre-eminently calm and thoughtful ; 
his very bursts of tempestuous passion (in early life) were pre- 
meditated. In intercourse with Houston running through more 
than a quarter of a century I never imagined there was more than 
one human being to whose judgment he deferred, and to which he 
postponed his own. That man v/as Andrew Jackson." Just before 
Jackson's death he visited the Hero of New Orleans at the Her- 
mitage. The "Hero of San Jacinto" went to bid a last adieu to 
his earliest and most lasting personal and political friend. It was 
an affecting meeting. Houston's noble wife, who was present, 
described it as one of the most remarkable imaginable. Both were 
patriots, soldiers, leaders, statesmen. Both had perilled life in 
youth on the battle-field for their country. Jackson loved the 
Union, the United States; yet not even he ever loved the Union of 
the States with more intense affection than Houston. 

The history of Sam Houston is alike the property of the Ameri- 
can people at large, and of the people of Texas specially. The 
part which he bore in the liberation of an oppressed colony, in 
gathering ardent and invincible spirits about him, in leading them 
to victory, his skill as a General, his statesmanship as Congress- 
man, President, Senator, and Governor, will ever form one of the 
brightest pages of American history. 

Justly has it been remarked that American history will be incom- 
plete without assigning the chief place to the most sagacious 
statesman which the Southwest has ever produced. Born of 
Scotch-Irish parentage, near the greatest of Virginia's physical 
marvels in Rockbridge County, the character-nursery of the Mc- 
Dowells, Moores, Tuckers, Letchers, and Stonewall Jacksons, with 
the blood of the McClungs and the Alexanders coursing in his veins, 
he gave early promise in his erratic boyhood, and wild life among 
uncivilized men, of the destiny which unerring wisdom had marked 
out for him. Thrown at an early age upon his own resources, con- 
tent with a soldier's hard fare and a hero's fate, we find him, under 
the lead and following the fortunes of Andrew Jackson, distin- 
(258) 



Houston till'. Type of Anglo-Saxon Civilization. 259 

guished in all battles, and wounded in one of the memorable con- 
tests between the forces of Jackson and the Indians in Alabama. 
From the soldier he passed to the statesman. Elected, almost by 
acclamation, District Attorney, Major-General, Member of Con- 
gress, and Governor of Tennessee, matrimonial infelicity deter- 
mines him to surrender all his brilliant prospects of future distinc- 
tion in Tennessee. Immediately he resigns the office of Governor, 
and goes into exile. On that resolution hung a future which is 
filled with some of the most remarkable events of modern times. 
A confidential correspondent of the President of the United States, 
he visits Texas, is elected a delegate of Anglo-Mexicans struggling 
for liberty and natural rights; is twice elected General of the small 
armies raised for defence and independence; is the heroic chief of 
the immortal battle of San Jacinto ; is President of the young 
Republic for five years, discharging duty with success, and to the 
marked advancement of the nation ; is Senator from Texas in the 
Congress of the United States from 1846 to 1859, and is Governor 
of the State at the most critical period of its history, at the 
opening of the most remarkable contest which has occurred in the 
later history of the world. 

Gen. Sam Houston was one of the most remarkable men in the 
history of Anglo-Saxon civilization. That he had faults, and grave 
ones, no one will deny. But that his remarkable excellences of 
character completely overshadow the dark sides of his character is 
equally undeniable. He was opposed bitterly, and he resented as 
bitterly. Treated with injustice, he was unrelenting and merciless, 
until he made a public profession of Christianity, when his whole 
course of conduct underwent a change. An ardent friend in the 
United States of Andrew Jackson, counseled by the hero of New 
Orleans in his career as General in Texas, he shared the obloquy 
cast upon Jackson in the Union, and did not escape the effects of 
that obloquy as a General and President in Texas, as his chief an- 
tagonists in Texas had also been the political opponents of General 
Jackson in the United States. His opponents were patriotic and 
chivalrous men, anxious for the same ends for which he was willing 
to lay down his life, but seeking for these ends by more rapid and 
dashing methods. They all contributed to the independence of 
Texas, and should all be remembered with undying devotion by all 
true patriotic spirits of Texas. That the policy of Houston and his 
administrative ability was most successful, is his best vindication 
from all assaults of opponents. But let "the dead past bury its 
dead," The achievements of his life are his best eulogy. 

I. He was a man of marked individuality. He possessed this 
trait in common with Washington and Jefferson, Jackson and Clay, 



260 Life of Sam Houston. 

Webster and Calhoun. He thought for himself, thought closel)*; 
exercised his reasoning powers, and formed clear, cool, and calm 
judgments. He studied books little, but men much. He analyzed 
thoroughly the philosophy of events, and linked measures with 
their sequences. 

2. He maintained a lofty independence of spirit. He was willing 
to concede to others all he claimed for himself. Capacity for inde- 
pendent thought is the first quality of a commander. No leader 
of public opinion was ever successful in impressing his ideas upon 
others who did not maintain some originality of thought, which is 
but another name for independence of idea. Gen. Houston had 
such independence of spirit that he would have reached the highest 
point of success in any walk or profession of life. 

3. He had tfoe gift of prophetic political sagacity. Calhoun had 
this gift in a remarkable degree. Other statesmen of America have 
exhibited it, to the wonder of their contemporaries. Houston pos- 
sessed it so remarkably, that there is hardly an instance in which 
he made a political prediction that the event did not correspond 
with his prediction. It so happened in all matters pertaining to 
the Republic, and it so happened in the contest between the States 
resisting or advocating secession from the Union. 

4. He possessed administrative ability fitted for the grandest 
governments and the deepest problems of political economy. He 
investigated details, and grouped them into masses. He thought 
nothing unworthy of notice connected with the success of a meas- 
ure or a plan. The beginning and the end he connected with un- 
erring links. He could wait patiently to see the workings of any 
scheme. He came, almost by intuition, to the high capacity of a 
great executive officer. Contrasting measures, means and ends, it 
may be safely declared, that no American executive officer ever sur- 
passed Gen. Houston. [ His administration during both terms of 
the Presidency of the Republic was signalized by extraordinary 
ability in regulating finances, and in establishing peaceful relations 
with foreign countries and the Indian tribes. His Indian cor- 
respondence is a marvel of sagacity and genius. His letters to 
Santa Anna are remarkable for point, sarcasm, clear detail of facts, 
and unbounded patriotism. / 

5. He was a soldier. Fear never blanched the cheek of Sam 
Houston. Dread of danger never dismayed his courageous soul 
nor withheld him from a peril for a right or liberty. His courage 
was the courage of a predetermined thought ; resolved to make a 
sacrifice only with the highest possibility of a grand advantage. 
Had Gen. Houston risked an engagement with Santa Anna near 
Goliad, or at a period earlier than he did at San Jacinto, numbers 



Houston'' s Qualities as the Man of His Age. 261 

would have won the victory, and Texas would have been enslaved. 
In this Fabian policy of retreat he proved the truth of the old 
adage, that " discretion is the better part of valor." He had served 
under Jackson, and in the regular army of the United States as a 
lieutenant, sufficiently long to give him practice in military drill 
and the art of war. He had mingled with frontiersmen so long 
and intimately that he knew better than any other man of his times 
how to bring under control men not used to obedience to any will 
save their own. Whether fighting with Indians at Tohopeka, or 
with Mexicans at San Jacinto, Gen. Houston proved himself a hero 
as well as a soldier. 

6. He was a statesman. He was not a learned lawyer. He ex- 
hibited no great fondness for the bar. But on the stump, in the 
legislative hall, or in the Senate Chamber, he delighted tp meet the 
"foeman worthy of his steel." In discussing affairs of high mo- 
ment involving the welfare of a State, or looking to the perpetuity 
or rupture of the Federal Union, his ideas, drawn deep frbm his 
thoughtful brain, would take the courage of eagle's wings ana soar 
to the loftiest heights of reason and law. His statesmanship set- 
tled the foundations of the Republic against all opposition. Of 
that opposition, Hon. Ashbel Smith thus speaks, in his "Reminis- 
cences of the Texas Republic": 

" There was in Texas a party composed of gentlemen of great ability, of 
former public services, of high ambition, of ardent imaginations, of lofty patriot- 
ism, opposed to the administrations of Sam Houston and of Anson Jones, with 
the unreasoning energy so often characteristic of party contests. They were out 
of office, which they coveted, and the success of the Houstonian policy already 
adverted to, crowned with peace, seemed to insure indefinite continuance in 
power of the Houston party, and indefinite exclusion of the leaders of the oppo- 
sition. Among them were some of the bravest spirits that fought at San Jacinto, 
and who had borne full share in organizing the Government of the Republic. 
In the opposition, also, were adventurous spirits, whose day-dreams were of 
warlike expeditions ; men as bold, as ardent, as Cortez or Pizarro, and whose 
fancies reveled in desperate battles, and in imaginaiy plunder of the halls of 
the Montezumas. The pacific policy of Houston, long and solid peace with 
Mexico, sounded a long farewell, ' the occupation gone ' for these restless spirits. 
The contingencies of annexation offered chances of war. War came, but, alas ! 
for their dreams, it was waged under other auspices, other leaders, other coun- 
sels, in none of which had they part." 

Transferred from the arena of politics in the Lone Star Republic 
to the arena of the Republic of the United States, Gen. Houston 
took rank with the "giants of power" who honored with their 
presence, their speech and their opinions, the Senate of the United 
States of forty years ago. 



262 Life of Sam Houston. 

7. He was distinguished for fortitude. His powers of endurance 
were severely taxed in his boyhood, owing to the misconceptions of 
his brothers. His fortitude was exhibited in the severe service of 
the Indian wars. It was shown in his patient submission to the 
unjust treatment of his opponents before and succeeding the battle 
of San Jacinto. It never forsook him during his political life, even 
to the hour of his ejection from the position of Governor of the 
State of Texas. 

Great in adversity, great in prosperity, great out of office, great 
in office, as a soldier. General, Member of Congress, Governor of 
two States, President of a Republic, and United States Senator, he 
has placed his name near the apex of the unmouldering pillar of 
fame. 



APPENDIX. 



TEXAN DECLARATION OF INDEPENDENCE. 

IN the General Convention of the People of Texas at Washington 
on the Brazos, March 8, 1836, Mr. George C. Childress offered 
the following resolutions : 

Resolved, That the President appoint a Committee, to consist of five delegates, 
to draft a Declaration of Independence. 

Mr. Martin Parmer offered the following as a substitute : 

Resolved, That the President appoint one delegate from each municipality, as 
a Committee to draft a Declaration of Independence. 

Mr. Parmer's resolution was negatived, and that of Mr. Childress adopted ; 
whereupon the President appointed as the Committee Messrs. George C. Chil- 
dress, of Milam ; James Gaines, of Sabine ; Edward Conrad, of Refugio ; Collin 
McKinney, of Red River ; and Bailey Hardeman, of Matagorda. 

On the second day, March 2d, Mr. Robert Potter moved the appointment of 
a Committee of one from each municipality to draft a Constitution for the (con- 
templated) Republic of Texas, which was carried, and Messrs. Martin Parmer, 
Chairman, Robert Potter, Charles B. Stewart, Edwin Waller, Jesse Grimes, 
Robert M. Coleman, John Fisher, John W. Bunton, James Gaines, Lorenzo de 
Zavala, Stephen H. Everitt, Bailey Hardeman, Elijah Stapp, William C. Craw- 
ford, Claiborne West, James Power, Jose Antonio Navarro, Collin McKinney, 
William Menefee, William Motley, and Michael B. Menard were appointed the 
committee. 

On the same day, March 2d, Mr. Childress, Chairman of the Committee, re- 
ported the draft of a Declaration of Independence, and " asked that the same 
be received by the Convention as their report." 

Here I quote from the Journals : 

" Mr. Houston moved that the report be received by the Convention, which, 
on being seconded, was done. 

"On Mr. Collingsworth's motion, seconded, the House resolved into a com- 
mittee of the whole, upon the report of the Committee on Independence. 

" Mr. Collingsworth was called to the chair, whereupon Mr. Houston intro- 
duced the following resolution : 

'■'Resolved, That the Declaration of Independence, reported by the Commit- 

(363) 



2C^4: Life of Sam Houston. 

tee, be adopted; that the same be engrossed and signed by the delegates of this 

Convention. 

"And the question being put, the resolution was unanimously adopted." 
The Declaration ot Independence was thus unanimously adopted, enrolled. 

and signed on the second day of the session — being March 2d — as follows : 

The Declaration of Independe7tcr, made by the Delegates of the People of Texas, 
ill General Convention, at Washington, March 2, 1836, 

When a government has ceased to protect the lives, liberty, and property of 
the people from whom its legitimate powers are derived, and for the advance- 
ment of whose happiness it was instituted ; and, so far from being a guarantee 
for their inestimable and inalienable rights, becomes an instrument in the hands 
of evil rulers for their oppression ; when the federal republican constitution of 
their countrj', which they have sworn to support, no longer has a substantial 
existence, and the whole nature of their government has been forcibly changed, 
without their consent, from a restricted federative republic, composed of sov- 
ereign states, to a consolidated central military despotism, in which every inter- 
est is disregarded but that of the army and the priesthood, both the eternal ene- 
mies of civil liberty, the evef ready minions of power and the usual instruments 
of tyrants; when, long after the spirit of the constitution has departed, moder- 
ation is at length so far lost by those in power, that even the semblance of free- 
dom is removed, and the forms themselves of the constitution discontinued, and, 
so far from the petitions and remonstrances being disregarded, the agents who 
bear them are thrown into dungeons, and mercenary armies sent forth to en- 
force a new government upon them at the point of tlie bayonet : 

When, in consequence of such acts of malfeasance and al)duction on the part 
of the government, anarchy prevails, and civil society is dissolved into its original 
elements, in such a crisis, the first law of nature, the right of self-preservation, 
the inherent and inalienable right of the people to appeal to first principles, and 
take their political affairs into their own hands, in extreme cases, enjoins it as a 
right toward themselves, and a sacred obligation to their posterity, to abolish 
such government and create another in its stead, calculated to rescue them from 
impending dangers, and to secure their welfare and happiness. 

Nations, as well as individuals, are amenable for their acts to the public opin- 
ion of mankind. A statement of a part of our grievances is therefore submitted 
to an impartial world in justification of the hazardous but unavoidable step now 
taken of severing our political connection with the Mexican people, and as- 
suming an independent attitude among the nations of the earth. 

The Mexican government, by its colonization laws, invited and induced the 
Anglo-American population of Texas to colonize its wilderness under the 
pledged faith of a written constitution, that they should continue to enjoy that 
constitutional liberty and republican government to which they had been habitu- 
ated in the land of their birth, the United States of America. 

In this expectation they have been cruelly disappointed, inasmuch as the 
Mexican nation has acquiesced in the late changes made in the government by 
General Antonio Lopez de Santa Anna, who, having overturned the constitution 
of his country, now offers, as the cruel alternative, either to abandon our homes, 



Causes Justifying Texan Independence. 265 

acquired by so many privations, or submit to the most intolerable of all tyranny, 
the combined despotism of the sword and the priesthood. 

It hath sacrificed our welfare to the State of Coahuila, by which our interests 
have been continually depressed, through a jealous and partial course of legis- 
lation, cariied on at a far distant seat of government, by a hostile majority, in 
an unknown tongue ; and this, too, notwithstanding we have petitioned in the 
humblest terms for the establishment of a separate state government, and have, 
in accordance with the provisions of the national constitution, presented to the 
general congress a refmblican constitution, which was, without a ju»t cause, 
contemptuously rejected. 

It incarcerated in a dungeon, for a long time, one of our citizens, for no other 
cause but a zealous endeavor to procure the acceptance of our constitution and 
the establishment of a state government. 

It has failed and refused to secure, on a firm basis, the right of trial by jury, 
the palladium of civil liberty, and only safe guarantee for the life, liberty, and 
property of the citizen. 

It has failed to establish any public system of education, although possessed 
of almost boundless resources (the public domains), and although it is an axiom 
in political science that, unless a people are educated and enlightened, it is idle 
to expect the continuance of civil liberty or the capacity for self-government. 

It has suffered the military commandants, stationed among us, to exercise 
arbitrary acts of oppression and tyranny, thus trampling upon the most sacred 
rights of the citizen, and rendering the military superior to the civil power. 

It has dissolved, by force of arms, the State Congress of Coahuila and Texas, 
and obliged our representatives to fly for their lives from the seat of government, 
thus depriving us of the fundamental political right of representation. 

It has demanded the surrender of a number of our citizens, and ordered 
military detachments to seize and carry them into the interior for trial, in con- 
tempt of the civil authorities, and in defiance of the laws and the constitution. 

It has made piratical attacks on our commerce, by commissioning foreign 
desperadoes, and authorizing them to seize our vessels, and convey the property 
of our citizens to far distant parts for confiscation. 

It denies us the right of worshiping the Almighty according to the dictates of 
our own conscience, by the support of a national religion, calculated to promote 
the temporal interests of its human functionaries, rather than the gloiy of the 
true and living God. 

It has demanded us to deliver up our arms, which are essential to our defence 
— the rightful property of freemen, and formidable only to tyrannical govern- 
ments. 

It has invaded our country both by sea and by land, with the intent to lay 
waste our territory, and drive us from our homes, and has now a large merce- 
nary army advancing to carry on against us a war of extermination. 

It has, through its emissaries, incited the merciless savage, with the toma- 
hawk and scalping-knife, to massacre the inhabitants of our defenceless fron- 
tiers. 

It has been, during the whole time of our connection with it, the contempti- 



268 Life of Sam Houston. 

ble sport and victim of successive military revolutions, and hath continually ex- 
hibited every characteristic of a weak, corrupt, and tyrannical government. 

These and other grievances were patiently borne by (he people of Texas, until 
they reached that point at w^hich forbearance ceases to be a virtue. We then 
took up arms in defence of the national constitution. We appealed to our 
Mexican brethren for assistance ; our appeal has been made in vain ; though 
months have elapsed, no sympathetic response has yet been made from the in- 
terior. We are therefore forced to the melancholy conclusion that the Mexican 
people have acquiesced in the destruction of their liberty, and the substitution 
therefor of a military government: that they are unfit to be free, and incapable 
of self-government. 

The necessity of self-preservation, therefore, now decrees our eternal political 
separation. 

We, therefore, the delegates, with plenary powers, of the people of Texas, in 
solemn convention assembled, appealing to a candid world for the necessities of 
our condition, do hereby resolve and declare, that our political connection with 
the MexicaJt natiofi has forever ended, and that the people of Texas do now 
constitute a Free, Sovereign, and Independent Republic, and are fully 
invested with all the rights atid attributes which properly belong to indepe7ident 
nations ; and, cottscious of the rectitude of our intent io7is, we fearlessly and con- 
fidently commit the issue to the Supreme Arbiter of the destinies of ttations. 

In witness whereof we have hereunto subscribed our names. 

Richard Ellis, 

President and Delegate from Red River. 
H. S. Kimble, Secretary. 

[The names of the sigTiers will be found on the following page.] 

On the i6th March, the Convention adopted the Executive Ordinance, by 
which was constituted the Government ad interim of the Republic of Texas. 

The Constitution of the Republic of Texas was adopted at a late hour on the 
night of the 17th of March, but was neither engrossed nor enrolled for the sig- 
nature of the members prior to the adjournment next day. The Secretary was 
instructed to enroll it for presentation. As I learn from the Hon. Jesse Grimes, 
Mr. Kimble, the Secretary, took it to Nashville, Tennessee, where it was pub- 
lished in one of the papers, from which it was republished in a Cincinnati paper, 
and from the latter copied into the Texas Telegraph of August 2d of the same 
year, being its first publication in Texas. No enrolled copy having been 
preserved, this printed copy v^as recognized and adopted. 



Names, Age, Place of Birth, and Former Residence of the Sign- 
ers OF THE Texan Declaration of Independence, March 2, 1836. 



Names. 



Place of Birth. 



Former Residence. 



Richard Ellis 

C. B. Stewart 

James CoUing'sworth . 

Edwin Waller 

Asa Brigham 

J. S. D. Byron 

Fras. Ruis 

J. Anto. Navarro . . . 

J. B. Badgett 

W. D. Lacy 

William Menifee .... 

John Fisher 

M. Coldwell 

W. Motley . .' 

L. D. Zavala 

George W. Smyth . . . 

S. H. Everitt 

E. Stapp 

Clae. West 

W. B. Scates 

M B. Menard 

A B. Hardin 

J. W. Bunton 

Thomas G. Gazeley . 

R. M. Coleman 

S. C. Robertson""^ 

George C. Childress* 

B. Hardiman 

R. Potter 

Thomas J. Rusk .... 
Charles S. Taylor.. .. 

John S. Roberts 

R. Hamilton 

C. McKinney 

A, H. Lattimer 

James Power 

Sam Houston 

David Thomas 

E. Conrad 

Martin Parmer 

E. O. Legrand 

S. W. Blount 

James Gaines 

W. Clark, Jr 

S. O. Pennington . . . 
W. C. Crawford .... 
John Turner 

B. B. Goodrich 

G. W. Barnett 

J. G. Swisher 

Jesse Grimes 

S. Rhoads Fisher*. . . 
Samuel A. Maverick* 
John White Bower*. 
James B. Woods*. . . 
Andrew Briscoe*. . . . 
John W. Moore* .... 
Thomas Barnett 



54 
30 
30 
35 
46 

38 
54 
41 
29 
28 
40 
36 
38 
24 
47 
33 
29 

53 
36 
30 
31 
38 
28 
35 
37 
50 
32 
41 
36 
29 

28 

40 

53 
70 

27 
48 
43 

35 
26 

58 
33 
28 
60 

37 
27 

31 
34 
37 
43 
41 
48 
41 
29 
27 
34 



Virginia 

South Carolina . 

Tennessee 

Virginia 

Massachusetts . 

Georgia 

Bexar, Texas . . . 
Bexar, Texas . . . 
North Carolina 

Kentucky 

Tennessee 

Virginia 

Kentucky 

Virginia 

Yucatan 

North Carolina. 

New York 

Virginia 

Tennessee 

Virginia 

Canada 

Georgia 

Tennessee 

New York 

Kentucky 

North Carolina 

Tennessee 

Tennessee 

North Carolina 
South Carolina 

England , 

Virginia 

Scotland 

New Jersey . . . 

Tennessee 

Ireland 

Virginia 

Tennessee .... 
Pennsylvania . . 

Virginia 

North Carolina 

Georgia 

Virginia ....... 

North Carolina 

Kentucky 

North Carolina 
North Carolina 

Virginia 

South Carolina. 

Tennessee 

North Carolina 
Pennsylvania . . 
South Carolina 

Georgia 

Kentucky 



Alabama. 

Louisiana. 

Tennessee. 

Missouri. 

Louisiana. 

Florida. 



Arkansas Territory. 

Tennessee. 

Alabama. 

Virginia. 

Missouri. 

Kentucky. 

Mexico. 

Alabama. 

New York. 

Missouri. 

Louisiana. 

Kentucky. 

Illinois. 

Tennessee. 

Tennessee. 

Louisiana. 

Kentucky. 

Tennessee. 

Tennessee. 

Tennessee. 

North Carolina. 

Georgia. 

New York. 

Louisiana. 

North Carolina. 

Kentucky. 

Tennessee. 

Louisiana. 

Tennessee. 

Tennessee. 

Pennsylvania. 

Missouri. 

Alabama. 

Georgia. 

Louisiana. 

Georgia. 

Arkansas Territory. 

Alabama. 

Tennessee. 

Alabama. 

Mississippi. 

Tennessee. 

Alabama. 

Pennsylvania. 

South Carolina. 

Arkansas Territory. 

Kentucky. 



Members who failed to reach the Convention in time : James Kerr, from 
Jackson, born in Kentucky, September 24, 1790, came to Texas in 1825 ; John 
}. Linn, from Victoria, born in Ireland, in 1802, came to Texas in 1830; Juan 
Antonio Padilla, from Victoria, a Mexican. 



* Not present at the signing. 

The above is from a statement furnished in the Convention to Dr. B. b. Goodrich by the 
members themselves. 

(207) 



LIFE AND SELECT LITERARY REMAINS 



OF 



SAM HOUSTON. 



VOLUME II. 



CONTENTS OF VOL. II. 



PART I. 

STATE PAPERS. 

Message of Governor Sam Houston to the Legislature of Tennessee, 
Oct. 15, 1827 

Inaugural Address, delivered by Sam Houston as President of the Re- 
public of Texas, at Columbia, Oct. 22, 1836 

Message to the Congress of the Republic of Texas, Sept. 25, 1837 , 

Message to the Second Session of the First Congress of the Republic 
of Texas, May 5, 1837 . 

Message to the Congress of the Republic of Texas, Nov. 21, 1837 

Message to the Congress of the Republic of Texas, Dec. 20, 1841 (Sec- 
ond term of Presidency) . . 

Message to the Congress of the Republic of Texas (Extra Session), 
June 27, 1842 

Message to the Congress of the Republic of Texas, Dec. i, 1842 
" " " " " " Dec. 12, 1843 

" " " " " " Dec. 4, 1844 

Valedictory Address on Retiring from the Presidency, Dec. 9, 1844 



PAGE 

273 

278 
280 

282 
287 

294 

300 
307 
315 
326 

330 



PART II. 

INDIAN TALKS. 

Talk to Border Chiefs, July 6, 1842 .... 
Letter to Chief of Apaches, Sept. i, 1842 

" Castro and Flaco, " "... 

" Red Bear and other Chiefs, Oct. 18, 1842 
Talk to Border Chiefs, February 13, 1843 
Letter to Indian Chief Linney, March 5, 1843 
Talk to various Border Tribes, March 20, 1843 
To the Lipans, in Memory of Flaco, their Chief, March 
Letter to A-Cah-Ouash, April 19, 1843 . 
Talk to Pah-Hah-You-Co, May 4, 1843 . 

" various Border Tribes, May 30, 1843 . 
Letter to A-Cah-Quash, Sept. 13, 1843 . 
Talk to Pah-Hah-You-Co, Dec. 14, 1843 • 
Letter to A-Cah-Quash, Dec. 14, 1843 
Talk to Kechi Chief, Dec. 21, 1843 .... 

" Sah-Sah-Ro-Ke, Jan. 31, 1844 
Letter to A-Cah-Quash, May 2, 1844 



5, I 



843 



(371) 



334 
334 
335 
335 
336 
337 
338 
339 
340 
341 
342 
343 
344 
345 
346 
346 
347 



272 Contents. 

PART III. 

LETTERS AND DOCUMENTS. 

PAGE 

Letter to Santa Anna, March 2 1 , 1842 349 

Dispatch to Texan Ministers, at Washington City, April 16, 1844 . 359 

Letter to Santa Anna, July 29, 1844 362 

" Andrew Jackson, Jan. 31, 1843 364 

" W. S. Murphy, May 6, 1844 366 

" Andrew Jackson, Feb. 16, 1844 370 

PART IV. 

PUBLISHED SPEECHES. 

Speech in the U. S. Senate on Santa Fe Expedition, and the Conduct 

of Texan Soldiers in the Mexican War, June 29 and July 3, 1850 . 375 
Speech in U. S. Senate on Providing for the Texas Debt, Feb. 11, 1S53. 393 
" " " the Nebraska and Kansas Bill, Mar. 3, 1S54 402 

" " " Treatment of Indians, Dec. 31, 1854 . . 415 

" " " Petition of 3,000 Ministers against Repeal 

of Missouri Compromise Bill, March, 1854 417 
" " " Increase of Army and Navy Policy of the 

Government, Jan. 29 and 31, 1855 • A'^3 

" " " Need of a Mexican Protectorate, April 20, 

1858 456 

" " " Naval Retiring Board, April 23, 1856 . . 468 

" " " Pacific Railroad Bill, and in Reply to Hon. 

A. Ri\^erson, of Georgia, Jan. 12 and 13, 

1859 . . . . ■ . . . .514 
" " " Bill to divide the State of Texas into two 

Judicial Districts, Feb. 3, 1859 . . . 530 
" " " Unfounded Calumnies, Feb. 28, 1859 . . 578 

" before Union Mass Meeting, Austin, Texas, Sept. 22, i860 . 599 

PART V. 

LAST STATE PAPERS AS GOVERNOR OF TEXAS. 

Message to Texas Legislature, Jan. 13, 1S60 611 

" " " on Secession Resolutions of South Car- 

olina, Jan. 24, 1S60 .... 621 
y " " " on Indian Hostilities caused by Seces- 

sion agitation, Jan. 21, 1861 . . 631 
" " " on Finances embarrassed by Secession 

agitation, Feb. 6, 1861. . . . 642 



A 



^i-r l^ 



PART I. 

STATE PAPERS. 



FIRST MESSAGE AS GOVERNOR TO THE TENNESSEE 
LEGISLATURE, 1827. 

Gentlemen of the Senate, and of the House of Representatives: 

IN legislating for a Government like ours, where many of our most valuable 
institutions are founded on experiment, the best informed minds could not, 
in the earlier progress of things, determine with reasonable certainty upon the 
regulations and rules of action best suited to the circumstances of society, and 
the perm.anent good of the country. Experience alone can develop the fitness 
of measures, and the salutary or pernicious influence of particular laws. It is a 
duty, however, which you take pleasure in acknowledging, that you will examine 
with patience and great care into the nature and extent of alleged grievances 
and their proposed remedies. If the subject has received any light from the 
history of our own times, or of our own country, opinions can be formed with less 
difficulty, and nothing which is not in itself morally wrong is more to be depre- 
cated in a free country than excessive legislation. 

The simplicity of our laws, in connection with the certainty of their execution, 
is perhaps better calculated to inspire confidence in the citizen, and regard 
for the institutions of his country, than any other motive which can be presented 
to his mind. The necessity of all law grows out of the wants and interests of 
society, and when these are relieved or defended we may always rely with much 
confidence on the virtue and intelligence of the people. 

In the early settlement of all parts of our country, the attention of the pioneers 
had been naturally and properly directed to collecting around them comforts and 
conveniences necessary to the sustentation of life, but with the progress of im- 
provement great and accumulating surplus products have arisen which require 
artificial facilities in conveying them to market, in addition to the advan- 
tages afforded by our water-courses in theirnatural state. Hence it has been that 
for many years past public attention has, by my predecessors in office, been re- 
peatedly called to the subject of internal improvements. All agree that it is a 
matter legitimately, if not exclusively, within the scope of separate State jurisdic- 
tion, and all are equally agreed that great and valuable improvements could 
be made within our State at a comparatively moderate expenditure of the public 
funds. 

A chief obstacle to the attainment of these ends has heretofore been found in 
the selection of such points of commencement as would unite public opinion in 
their favor. 

Each individual, impelled by a feeling incident to our nature, attaches an 
18 (273) 



274 Houston'' s Literary Remains. 

undue portion of regard to the objects which have fallen under his more imme- 
diate attention, and to the points more directly affecting the interest of himself 
or his particular constituents. To obviate these conflicting interests, and to 
give confidence to all that the system would in its range embrace, by regular and 
just succession, every portion of the State, the appointment of skillful engineers 
has been recommended to your particular consideration. Their attention should 
be directed to a classification of all the objects to be embraced m the general 
plan ; to the practicability and probable expense of such leading objects of gen- 
eral improvement as affect, to the greatest extent, the greatest portion of the 
community, and the comparative advantages resulting from the different modes 
of expenditure, by clearing out the natural channels, constructing canals, com- 
mon turnpikes, or the more modern and popular system of railways. 

Our fellow-citizens of East Tennessee, though able to furnish in the greatest 
abundance, and of the best quality, flour and other articles of the first necessity, 
have heretofore been doomed to strive against the natural obstructions in 
the Tennessee River, shut out as they are from Mobile, the more natural, 
and perhaps the more profitable channel of commerce. 

Engineers employed by the Government of the United States have, for some 
time past, been engaged in ascertaining the practicability of a canal on the 
north bank of the Tennessee River, whereby the obstructions of the Muscle 
Shoals will be surmounted ; their survey has not yet been completed, but we 
have much ground to hope that it will be fully made at no distant day, and that 
it will result in much substantial good to the people of Tennessee and 
Alabama. 

It is greatly to be desired that at some period before the adjournment of 
the present session such report could be received, as would enable the Legislat- 
ure of this State to determine with reasonable certainty on the nature and ex- 
tent of interest which we should take in the enterprise. 

The eastern section of the State is not alone interested in facilitating the as- 
cending and descending navigation of the Muscle Shoals ; several of our 
more populous, wealthy, and cotton-growing counties of the South are equally 
concerned. 

Should the difficulties of navigation through the whole length of the Tennes- 
see be so strongly presented as to forbid the hope of their early removal, our 
attention should be the more promptly and zealously directed to the project of 
connecting the waters of the Hiwassee with those of the Coosa. The inter- 
course between East Tennessee and South Alabama promises the most solid 
advantages to both parties. Supplies and provisions, important and necessary 
to Alabama, can at all times be furnished from Tennessee to Mobile, and inter- 
mediate points, whilst our people could receive in return, not only cash, but gro- 
ceries and other heavy articles of import, which are now procured through other 
channels, after much delay, and at great expense. 

Superadded to these is the national consideration of warlike defense ; for past 
experience has proved that whilst the population of Kentucky and West Ten- 
nessee are mainly to be relied on for defending from invasion the great emporium 
of the West, the brave and hardy mountaineers of East Tennessee are equally 
necessary to the protection of Mobile, and all the contiguous portions of the 
Gulf of Mexico. 

The development of wealth in the middle counties of our State has not been 



Internal Improvements in Tennessee. :;75 

more the result of favorable soil and climate than of natural advantag-e, and fa- 
cility in the navigation of Cumberland River. That noble stream has but few im- 
pediments to a safe passage for steamboats far above Nashville. The nature of 
these impediments is now so well understood that there would be but little dan- 
ger of injudicious application of any means that might be appropriated to their 
removal. The time has now gone by when the successful navigation of the 
Cumberland is considered by any portion of our citizens as being exclusively 
beneficial to Nashville. The history and experience of the last seven years have 
given ample testimony of the direct benefit resulting to every county west of the 
Cumberland mountain. The deep richness of soil in all the counties watered 
by Elk, Duck, and Cumberland Rivers is very unfriendly to the construction of 
public roads upon the ordinaiy plan ; the population residing in the neighbor- 
hood of great and leading market-roads can not, with the labor and time 
justly devoted to that duty, continue such repairs as our present laws contem- 
plate for all public highways. The existing laws, it is believed, are not unrea- 
sonable in their general provisions, and although more than one attempt has 
been already made to encourage private investment in turnpike stock, the terms 
of incorporation have in none been sufficiently approved. 

The western district of the State is peculiarly blessed with streams intersect- 
ing the country, of gentle deep current, and susceptible of great improvement at 
comparatively small expense. The wealth and population of the country has 
already, and without any adventitious aids from public funds or public institu- 
tions, progressed more rapidly and more steadily than had been hoped for, even 
by the most sanguine anticipations. The claims of warrant-holders are now 
all, or nearly all, satisfied, and the scattered remnants of land that remain va- 
cant or unappropriated, though belonging to the General Government by the 
terms of the cession and compact, will never be of sufficient value to defray 
half the expense of bringing them into market. All reasonable calculation at 
present justifies the belief that the memorials heretofore sent by the Legislature 
will at the next, or some early session of Congress, be disposed of in a way to 
meet the wishes of Tennessee. 

A relinquishment of their title, and a privilege vested in our State authorities 
to perfect grants, would enable us to open offices convenient to the enterers, on 
a plan similar to that now pursued north and east of the reservation line; and 
whatever may have heretofore been deemed our truest policy in disposing of our 
vacant lands, to me it seems evident that at whatever period we may open of- 
fices in the different counties of the western district, the system of forcing prices 
to the highest possible amount ought to be abandoned. The first care of all 
governments should be to provide that each individual should have a permanent 
home and residence. The difference between the highest and lowest product 
resulting to the State from the disposal of these lands can be of little public con- 
sideration, whilst to indigent individuals already in possession, or wishing to 
become purchasers, it may be matter of the greatest importance ; and as the 
two principal divisions of the State have already received a patrimony for pub- 
lic uses in some of its most valuable lands, it may not be unreasonable in our 
fellow-citizens residing west of the reservation line to expect that any revenue 
hereafter derived from the lands in that section of country should be chiefly ex- 
pended amongst themselves for the purposes of general education and internal 
improvement. 



276 Houston's Literary -Remains. 

The peculiar condition of the people south of French Broad and Holston con- 
tinues to be a subject of remonstrance and petition ; it has already been a source 
of much legislation, and although by some late enactments it may be thought 
difficult again to open their case within any reasonable hope of advantage, yet 
it seems to me that their situation still entitles them to the very grave and seri- 
ous consideration of the general assembly. It is true, that according to all the 
ordinary rules governing compacts, the settlers are bound to pay, and without 
hesitation, the amount stipulated as the price of their lands ; but it must at the 
same time be confessed that the contract in some of its leading features bears 
the stamp of obligation submitted to under duress. 

The occupants of that country were, with very few exceptions, poor, and des- 
titute of visible effects of any kind ; they had migrated from the older States be- 
cause they were poor; they had made small improvements at the imminent 
hazard of their lives, and had for several years formed a barrier between the 
Holston settlements and their savage foes. The era of peace and prosperity to 
other parts of the country found them in possession of their humble log-cabins, 
unable to leave them in the hope of procuring better, and prepared in their 
minds to cling to the spot endeared to them by so many interesting recollec- 
tions, whatever might be the terms of tenure imposed on them by the Govern- 
ment. If in this situation they are forced to raise obligation on themselves 
which they might then believe, and may have since found to be beyond their 
ability, should not the Legislature, with the kindest feelings of parental regard, 
seek with sedulous anxiety for any circumstance of amelioration in the adjust- 
ment of claims yet due from them, which even-handed justice will admit ? 

The interest on all the installments due from the purchase of the Hivvassee 
sales has now become due, and the great balance of principal owing to the State 
from that class of debtors will, by the terms of sale, be payable at a short 
period. A combination of circumstances meeting at the time of these sales, 
force the prices up to a standard of value which experience has shown to be 
wholly fallacious ; a paper currency deluged the country, and being everywhere 
considered to be as legitimately the representative of property as specie itself, 
the facilities of procuring it baffle the calculations of the most cautious and pru- 
dent. When the day of sober reckoning came, and the true aspect of things 
was presented to us all, no one could boast of having seen farther than his 
neighbor ; the delusion had spread through all orders and conditions of society, 
and suiely we should not now be backward in relieving, by every proper expe- 
dient, those who are still victims of that period of general infatuation. The act 
of the last session of the general assembly, permitting the purchasers to make 
payment in the notes of the Nashville bank, was no less politic than humane. 
Considerable collections were thereby effected in a species of fund which, though 
not immediately available, will become so at no distant day. 
^ From the earliest history of our Government, and even before we had existed 
as an independent State, the question of boundary and territorial limits had pre- 
sented obstacles to the harmonious intercourse which ought ever to exist between 
sister republics. I am not aware that at this time there can any possible mis- 
understanding arise as to our boundary, of jurisdiction on the north ; but in the 
application of one particular provision of the compact made with Kentucky in 
the winter of 1820, there seems a difficulty in construction, which ought no 
longer to exist. Acting on the spirit of compromise and conciliation ever enter- 



Boundary hetiveen Tennessee and Kentucky. 277 

tained by us, it was conceded that, whilst Walker's line should continue to be 
the true jurisdictional boundary between us, the State of Kentucky should have 
the benefit and privilege of entering, and perfecting grants to all vacant lands 
lying between that line and the true latitude of 36° and 30' North. 

The terms of the compact made ample provision for ascertaining at any time 
the line of boundary ; but there was no stipulation whereby either State could, 
at her own pleasure, or in any other way, establish or run the degree of latitude. 
More than two years ago the authorities of Kentucky, without our participation, 
fixed and run a line which she contends is the true line of latitude ; and we have 
subsequently employed mathematicians on our part who have, without the par- 
ticipation of Kentucky, taken observations and made a report differing materially 
from the views of our sister State. From this unsettled state of affairs it is but 
reasonable to expect that unpleasant controversies will arise, especially between 
those citizens of the different States who reside on or adjoining the disputed 
territory ; and it is very desirable that the Legislature should, at the present 
session, take such detinitive measure as will put the subject forever at rest. ^ 

The cheering prospect which we have of a permanent fund for the establish- 
ment and support of common schools, is the source of much comfort and grati- 
fication to the heart of every patriot and friend to the perpetuity of our free in- 
stitutions. It is not to be presumed that the limited means on which we have 
had to commence will enable us to mature any practical plan of operation within 
a year or two ; but the good work has been seriously commenced, and we have 
every ground for reasonable hope that it will go on and prosper. Already has 
the fund set apart for that laudable object increased to an amount which promises 
the means of much positive usefulness to that portion of the community for 
whose benefit and advantage it was originally designed. No longer will the 
means of elementary learning be limited to those whose private resources are 
equal to the expense, but the road to distinction in every department of science 
and moral excellence will be equally open to all the youth of our country whose 
ambition may urge them on in the contest of honorable emulation. 

EXECUTIVE Office, \ Sam Houston. 

Nashville, Oct. 



; Office, ) 
t. 15, 1827. j" 



I, D. A. NUNN, Secretary of State of the State of Tennessee, do certify that 
the above and foregoing is a true and perfect copy of the message of his Excel- 
lency Governor Sam Houston, the original of which is in said office. 

In testimony whereof 1 have hereunto signed my official signature; and by 
order of the Governor have hereunto fixed the great seal of the 
[L. S.] State at the department in the city of Nashville this November the 
15th, 1881. 

D. A. NuNN, 

Secretary of State, 



278 Houston^ s Literary Remains. 

INAUGURAL ADDRESS AS PRESIDENT OF THE REPUBLIC OF 
TEXAS, DELIVERED BEFORE THE TEXAN CONGRESS. 

Columbia, Texas, Oct. 22, 1836. 

The House met pursuant to adjournment, at 3 o'clock P.M. 

The Speaker rose and administered the oath of office to the President, and 
then to the Vice-President, as prescribed in the Constitution. 

Whereupon the President delivered the following address : 

Mr. Speaker and Gentlemen : Deeply impressed with a sense of responsi- 
bility devolving on me, I can not, in justice to myself, repress the emotions of 
my heart, or restrain the feelings which my sense of obligation to my fellow- 
citizens has inspired. Their suffrage was gratuitously bestowed. Preferred to 
others, possibly superior in merit to myself, called to the most important station 
among mankind, by the voice of a free people, it is utterly impossible not to feel 
impressed with the deepest sensations of delicacy in my present situation before 
mankind. It is not here alone, but before all nations, our present attitude has 
rendered my position and that of the country one of peculiar interest. 

A spot on earth almost unknown to the geography of the age, almost desti- 
tute of resources, comparatively few in numbers, we modestly remonstrated 
against oppression ; and when invaded by a numerous host, we dared to pro- 
claim our independence and to strike for freedom on the breast of the oppres- 
sors. As yet our course is onward. We are only in the outset of the campaign 
of liberty. Futurity has locked up the destiny which awaits our people. 

Who with apathy can contemplate a situation so imposing in the physical and 
moral world ? None ! No, not one. The relations among ourselves are pecul- 
iarly delicate and important ; for no matter what zeal or fidelity I may possess 
in the discharge of my official duties, if I do not obtain a co-operation and an 
honest support from the co-ordinate departments of the Government, wreck and 
ruin must be the inevitable consequences of my administration. 

If, then, in the discharge of my duty, my competency should fail in the attain- 
ment of the great objects in view, it would become your sacred duty to correct 
my errors, and sustain me by your superior wisdom. This much I anticipate ; 
this much I demand. I am perfectly aware of the difficulties that surround me, 
and the convulsive throes through which my country must pass. I have never 
been emulous of the honors of the civic wreath ; when merited, it crowns a 
happy destiny. A country situated like ours, is environed with difficulties ; its 
administration fraught with perplexities. Had it been my destiny, I would in- 
finitely have preferred the toils, privations, and penis of a soldier, to the duties 
of my present station. Nothing but zeal, stimulated by the holy spirit of patriot- 
ism, and guided by philosophy and wisdom, can give that impetus to our ener- 
gies, necessary to surmount the difficulties with which our political path is ob- 
structed. 

By the aid of your intelligence, I trust all impediments to our situation will be 
removed ; that all wounds in the body politic will be healed, and that the con- 
stitution of the Republic will derive strength and vigor equal to all opposing 
energies. I shall confidently anticipate the establishment of constitutional lib- 
erty. In the attainment of this object we must regard our relative situation to 
other countries. 

A subject of no small importance to our welfare is the situation of an exten- 
sive frontier, bordered by Indians, and subject to their depredations. Treaties 



Texan MagnamTnity after Victory. 270 

of peace and amity, and maintenance of good faith with the Indians, present 
themselves to my mind as the most rational grounds on which to obtain their 
friendship. Abstain on our part from aggression, estabUsh commerce with the 
different tribes, supply their useful and necessary wants, maintain even-handed 
justice with them, and natural reason will teach them the utility of our friendship. 

Admonished by the past, we can not in justice disregard our national ene- 
mies; vigilance will apprise us of their approach, a disciplined and valiant 
army will insure their discomfiture. Without discrimination and system, how 
unavailing would all the resources of an old and overpowering treasury prove to 
us. It would be as unprofitable to us in our present situation as the rich dia- 
mond locked in the bosom of adamant. We can not hope that the bosom of 
our beautiful prairies will soon be visited with the balmy breezes of peace. We 
may again look for the day when their verdure will be converted into dyes of 
crimson. We must keep all our energies alive, our army organized and disci- 
plined and increased agreeably to our present necessities. With these prepara- 
tions we can meet and vanquish despotic thousands ; this is the attitude which 
we at present regard as our own. We are battling for human liberty ; reason 
and friendship must characterize our acts. 

The course which our enemies have pursued had been opposed to every prin- 
ciple of civilized warfare ; bad faith, inhumanity, and devastation marked their 
path of invasion. We were a little band contending for liberty ; they were 
thousands, well appointed, munitioned, and provisioned, seeking to rivet chains 
upon us, or extirpate us from the earth. Their cruelties have incurred the uni- 
versal denunciation of Christendom. They will not pass from their nation dur- 
ing the present generation. 

The contrast of our conduct is manifest. We were hunted down as the felon 
wolf; our little band driven from fastness to fastness; exasperated to the last 
extreme, while the blood of our kindred and our friends was invoking the ven- 
geance of an offended God, was smoking to the high Heaven, we met the 
enemy, and vanquished them. They fell in battle, or suppliantly kneeled, 
and were spared. We offered up our vengeance at the shrine of humanity, 
while Christianity rejoiced at the act, and viewed with delightful pride the en- 
nobling sacrifice. The civilized world contemplated with proud emotions con- 
duct which reflected so much glory on the Anglo-Saxon race. The moral 
effect has done more toward our liberation than the defeat of the army of 
veterans. When our cause has been presented to our friends in the land of our 
origin, they have embraced it with the warmest sympathies. They have ren- 
dered us manly and efficient aid. They have rallied to our standard, they have 
fought side by side with our warriors, they have bled, and their dust is mingling 
with our heroes. 

At this moment I discover numbers around me who battled in the field of San 
Jacinto, and whose chivalry and valor have identified them with the glory of the 
country, its name, its soil, and its liberty. There sits a gentleman within my 
view whose personal and political services to Texas have been invaluable. He was 
the first in the United States to espouse our cause. H is purse was ever open to our 
necessities. His hand was extended to our aid. His presence among us, and his 
return to the embraces of his family and friends, will inspire new efforts in behalf 
of our cause. (The attention of the Speaker, and that of Congress was directed to 
Wm. Christy, Esq., of New Orleans, who sat, by invitation, within the bar.) 



280 Houston^ s Liter a/ry Remains, 

A circumstance of the highest import will claim the attention of the Court of 
Washington. In the election which has recently transpired the important subject 
of annexation to the United States of America was submitted to the* considera- 
tion of the people. They have expressed their feelings ana wishes on that mo- 
mentous question. They have, with an unanimity unparalleled, declared that 
they will be reunited to the great republican family of the North. The appeal 
is made by a willing people. Will our friends disregard it ? They have already 
bestowed upon us their warmest sympathies. Their manly and generous feel- 
ings have been enlisted in our behalf. We are cheered by the hope that they 
will receive us to a participancy of their civil, political, and religious rights, and 
hail us welcome into the great family of freemen. 

Our misfortunes have been their misfortunes ; our sorrows, too, have been 
theirs ; and their joy at our success has been irrepressible. 

A thousand considerations press upon me, each claiming attention ; but the 
shortness of the notice of this emergency will not enable me to do justice to 
those subjects, and will necessarily induce their postponement for the present. 

(Here the President paused for a few seconds, and disengaged his sword.) 

It now, sir, becomes my duty to make a presentation of this sword, — this em- 
blem of my past office. (The President was unable to proceed further, but hav- 
ing firmly clenched it with both hands, as if with a farewell grasp, a tide of 
varied association of ideas rushed upon him in the moment ; his countenance 
bespoke the workings of the strongest emotions ; his mind seemed to have 
turned from the body he addressed to dwell momentarily on the glisten- 
ing blade, and the greater part of the auditory gave outward proof of 
their congeniality of feeling ; it was in reality a moment of deep and exciting 
interest. After this pause, more eloquently impressive than the deepest pathos 
conveyed in language, the President proceeded.) I have worn it with some 
humble pretensions in defence of my country, and should the danger of my 
countrj' again call for my service, I expect to resume it, and respond to that call, 
if needful, with my blood and my life. 

The Vice-President then followed, and delivered the succeeding address. 



MESSAGE TO THE CONGRESS OF THE REPUBLIC OF TEXAS. 



NT, ) 

3. I 



Executive Department, 
Republic of Texas. 
To THE Senate and House of Representatives: 

Gentlemen : — Circumstances involving important interests to the country 
have induced the call of a special session of Congress, which subjects will re- 
quire your attention and profound deliberation ; the frequent call of extraordi- 
nary sessions is to be deprecated, and would have been avoided on the present 
occasion, especially as the annual session of Congress will occur so soon ; but 
the necessity of your present meeting could not be so well anticipated by any 
future action of your honorable body as it can at the present moment. 

At the last session of Congress provision was made for the appointment of a 
Commission to run the line between the Government of the United States and 
Texas ; this measure was based so as to correspond with measures which have 
been adopted on the part of the Government of the States ; it was nevertheless 
deemed satisfactory as to its correctness, and has subsequently been verified, as 



Land-Law — Boundary Line. 281 

will be shown to your honorable body by documents, which will be referred for 
your consideration. 

The land law, which was passed by the last Congress of the Republic of 
Texas, and which was designed to take effect on the first day of October next, 
could not go into operation without conflicting with subjects too important to 
be disregarded, inasmuch as some of the land districts would necessarily fall 
within that section of country over which the United States have for some years 
exercised civil jurisdiction, but over which there is no doubt that the Govern- 
ment of Texas, so soon as the limits of each country are defined, will be mani- 
festly entitled to the civil as well as the political jurisdiction thereof. It is to be 
deplored that so soon as measures had been adopted by the Government of the 
United States on this subject, that the Government of Texas was not apprised 
of the fact, or its agents near the Government, until the 17th of June last, when 
a communication was made to our agent by the honorable Secretary of State, 
for the first time, of the desires of that Government. 

Although authority was given to the Executive of Texas to appoint a Com- 
mission for the purpose of running the line, in accordance with stipulations 
long since existing, yet no appointment has been made, for the reason that no 
satisfactory intelligence had reached this Government in relation to the course 
which the Government of the United States might wish to pursue. No time 
had been lost in communicating to our Minister at Washington city, the course 
which had been adopted at the last session of Congress. As early as the 4th of 
August last, a special communication was made upon that subject by our Min- 
ister. We are advised that he had received no response to his communication. 
It is to be hoped, as the Congress of the United States is now in session, that 
the subject of the boundary line will claim the prompt action of that Govern- 
ment, and that such measures will be adopted by its functionaries as will lead 
to a speedy termination of the subject, and obviate all such embarrassments as 
might result from its further procrastination. Nothing, I feel confident, on the 
part of this Government will be omitted which can conduce to the amicable ad- 
justment of a matter desirable and important to the two countries. As the land 
law which has been referred to is necessarily connected with this subject, it will 
be for the honorable Congress to determine what modifications or revisions may 
be proper for adoption. 

The period at which the annual session of Congress will take place being so 
near at hand, it is presumed that the present session will not adjourn previous 
to that time; therefore I have abstained from submitting any other subjects for 
the present other than those which induced the call of the present session. At 
the commencement of the next session the Executive will have it in his power 
to present to Congress the situation of the country generally, and to submit 
subjects connected immediately with the defense of the nation, and its financial 
resources for their action. 

Whilst we invoke the continuance of favors which have been conferred upon 
us by an Almighty Being, and render to Him our grateful homage, let us re- 
member that the important trusts in which we are placed demand of us un- 
ceasing exertions to defend and preserve our independence, by our united 
efforts to promote the happiness of our constituents, and the prosperity and 
glory of our country. (Signed), Sam HOUSTON. 

City of Houston, September 25, 1837. 



282 Houston's Literary Remains. 

MESSAGE TO THE CONGRESS OF THE REPUBLIC OF TEXAS. 

Second Session of the First Congress, held by adjournment at the City of 
Houston, and commencing Monday, May ist, 1837. 

Houston, May 5, 1837. 
Gentlemen OF THE Senate and House of Representatives: _ 

With pecuHar pleasure I greet your return to the Capitol. At the adjourn- 
ment of the last session, the country was under the apprehension of an invasion 
from our enemy, which created much solicitude, and had an unkind influence on 
our foreign relations. It was temporary in its effects, as was manifested in the 
recognition of our independence by the Gov^ernment of the United States 
of America. We now occupy the proud attitude of a sovereign and independent 
Republic, which will impose upon us the obligation of evincing to the world that 
we are worthy to be free. This will only be accomplished by wise legislation, 
the maintenance of our integrity, and the faithful and just redemption of our 
plighted faith wherever it has been pledged. Nothing can be better calculated 
to advance our interests and character than the establishment of a liberal and 
disinterested policy enlightened by patriotism and guided by wisdom. 

The plan of legislating for present emergencies, without reference to a general 
and permanent system, will render a government 'ess stable in its institutions, 
and less prosperous in its progress, than it must be where a proper foundation is 
laid and a corresponding fabric is erected on its basis. Diversitied interests 
must exist in every community, and that system which is best calculated to pro- 
mote the general interest is the one which should be adopted and adhered to 
with fidelity. The representatives of the sovereign people, by a calm and de- 
liberate discussion of the various interests of the different sections of our coun- 
try, will be enabled to arrive at such conclusions as will induce them to adopt a 
course which must be in its effects both salutary and pleasing to every true 
patriot. 

The views which must actuate every friend of the country will be the advance- 
ment of its glory and the happiness of its citizens. The present prospects 
of crops in our country is a subject of sincere gratulation, and, while it reflects 
lustre on the industry and enterprise of our citizens, it should inspire us with 
veneration and gratitude to a Divine Providence for this manifestation of His 
continued favor. 

Among the various subjects of deep and vital interest to the countrj' is that of 
our finances. The demands on our treasury since the adjournment of Congress 
have been great, without the means of meeting them, and of rendering that aid 
which was m every way so desirable. 

The several acts providing for the issues of land scrip to the agents specified 
have been complied with, and I regret to say that comparatively none of the re- 
sponsibilities incurred by the laws have been met by these agents to whom the 
scrip was issued. A compliance with the conditions of the law placed the 
agents beyond the control of the Executive, and left it without resources, so far 
as the supplies of the army and navy were dependent upon the means placed in 
their hands. Repeated calls have been made upon them to render their ac- 
counts current to the proper department, but no response has been given, nor 
reason rendered for protesting the drafts which have been drawn upon them. 
This state of affairs being presented, the Executive resorted to the only alterna- 



Loans, Land- Sales, and U. S. Boundary. 283 

live left, and directed that no farther sales of scrip should take place by them, 
but that the means remaining in their hands should be immediately passed over 
to the special agent of the Government, and that they should render their ac- 
counts accordingly. To this subject the early attention of Congress is earnestly 
requested. 

The Commissioners sent to the United States, for the purpose of negotiating a 
loan of five millions, have constantly reported so unfavorably of the money- 
market, that it w^as not deemed necessary to issue the bonds until recently. One 
of the gentlemen indicating a wish to retire, after having been much delayed on 
his journey by ill-health, and the other giving us no hope of being able to effect 
anything by present exertions, it was thought proper to permit them both to re- 
turn, and others have been appointed, and proceeded to the United States with 
a part of the bonds, and with confident hopes of success. 

The public domain of the country being the foundation of its finances, v/ill de- 
mand the most serious and enlightened judgment of Congress, and, from its im- 
portance, urge the necessity of adopting some secure system for the future gov- 
ernment of that branch of our resources, and for the regulation of the rights 
which have been acquired under former laws in relation to it. The views of the 
Executive having been given during the last session of Congress in relation to 
the land bill submitted for approval, have undergone no change, but time has 
only given to them additional weight. By reference to the bill, it must be mani- 
fest to all that it is not adapted to our situation, and should it be permitted to go 
into effect the public interest must suffer injury, and the public faith, so far as it 
is concerned in the redemption of pledges based on her public domam, must also 
suffer serious prejudice. I would recommend that some plan be devised that 
will ascertain all the located lands of the country ; this being done, the vacant 
lands will be readily indicated, and prevent, in future, conflict of titles. Unless 
some precaution of this character is adopted, endless litigation must be the con- 
sequence. 

The subject of the undefined limits on our northeastern frontier, between the 
United States and this Republic, will require the action of Congress. The 
boundaries have been so well described by the treaty of 1819, between Spain 
and the United States, that little difficulty is apprehended in defining and estab- 
lishing our just line, and obviating all trifling difficulties which may have at any 
time existed through a want of proper consideration. Provision for the appoint- 
ment of a commissioner, to meet one on the part of the United States, is 
desirable. Connected with the subject of boundary is that of the Caddo Indians, 
inhabiting a portion of our northeastern frontier. By a treaty recently held with 
that tribe they have ceded certain lands to the United States, and have shown a 
disposition to amalgamate with the wild Indians within our unquestionable 
boundary, while late advices have assured me that the United States agent of 
the tribe has issued to the warriors rifles and ammunition. The condition and 
disposition of these Indians, as well as their thefts and murders upon our bor- 
ders, have been subjects on which our ministers at Washington City have been 
advised and instructed to make immediate and urgent remonstrances to that 
Government, and I am well assured, from the character of the gentlemen, that 
they have not been wanting to their duty in this respect. The principal aggres- 
sions on our frontiers have either been instigated or perpetrated by the Caddos. 
It would be painful to suppose, under the circumstances, that the United States 



I 



284 Houston'' s Liter ari/ Remains. 

agent, in furnishing them the means of further injury to the exposed frontier in- 
habitants of our country, had acted under the orders of his Government. It is 
due to his Government to suppose that he had proceeded unadvisedly, and that 
the stipulations of the treaty concluded between the United States and Mexico, 
in April, 1830, will be rigidly adhered to so far as they appertain to the United 
States and Republic of Texas. It was among the first objects of the Constitu- 
tional Government, on assuming its duties, to adopt such measures as would 
give peace and security to our extended frontier. For this purpose, commis- 
sioners were appointed, at an early period, to hold treaties with several of the 
most numerous and active of the frontier tribes. As yet, nothing has been ef- 
fected, owing in part to the season of the year at v^'hich the business was com- 
menced, as well as to other causes. A hope is entertained that something bene- 
ficial will shortly result, as our commissioners are in constant expectation of 
forming a treaty with the associate bands of the prairies. This Government has 
recently received information, from sources entirely satisfactory, that a delega- 
tion, consisting of twenty Northern Indians, residing on the borders of the 
United States, had visited the town of Matamoras and had stipulated with the 
Mexican authorities to furnish that Government three thousand warriors, well 
armed, so soon as it would invade Texas. Commenting upon such alliances in 
the present age would be an insult to chivalry, and a reflection upon the hearts 
and understandings of those who have sought to establish the maxim that war 
is calamitous enough without the evils of treachery and massacre, which devote 
alike the female and the warrior to cruelty and death. Assurances are rendered 
to this Government that citizens of this Republic have lately been made prison- 
ers by the Caddos, and that scalps recently taken on our frontier have been seen 
in their nation. It is within the province of this Government to inquire into the 
causes which have produced these calamities, and no vigilance on my part shall 
be wanting to prevent their recurrence. I feel fully aware that the policy of this 
Government is to pursue a just and liberal course toward our Indian neighbors, 
and to prevent all encroachments upon their rights. 

The army of Texas has never been in a more favorable condition than at 
present. The permanent force in the field is sufficient to meet all the emergencies 
of invasions while at the shortest notice the defence of the country can be 
brought into immediate action in that event. 

I feel assured that a system of discipline, subordination, and police has been 
established in the army, which reflects much credit upon its General, and does 
no less honor to the officers and soldiers than to our country. They have en- 
countered many privations and difficulties within the last season, which it was 
impossible for the Government to avert, owing to causes already stated, and I 
am proud to say, that order has been manifested, and the spirits of those men de- 
voted to liberty have not sunk into pusillanimity and weakness, but have been 
borne up and illumined by the ardent hope that they may, ere long, meet an 
enemy opposed to human rights, when they can evince to the world, that they 
are the descendants of freemen, and that they are invincible. I feel a pleasure in 
recommending their condition to the consideration of Congress ; and trust that 
every possible aid may be rendered to their comfort, efficiency, and glory. At 
the same time I feel assured that they will not disregard the history of revolu- 
tions, and that one important truth will not escape their observation, viz. : that 
those who contend for liberty, must be prepared to endure privations. The 



Texan Navy — African Slave Trade. 285 

glory of the soldier is always proportioned to the difficulty and danger of his 
achievements. The situation of the army at the adjournment of the last session 
of Congress, was far from what was desirable to the country. Since then an or- 
ganization has taken place, and much credit is due to the officers and soldiers 
for their ready obedience to the law and regulations which have been enacted 
for their government. By the reduction of the number of supernumerary offi- 
cers, its expenses have been diminished to the amount of $229,032 per annum. 
The requisite number of officers are now in command, and the organization is 
complete. 

The insufficiency of our navy must be a subject of serious consideration. 
When tlie constitutional Government assumed its functions, the armed vessels, 
Brutus and Invincible, were in the Port of New York, and remained there 
until a few weeks past, when they returned, but without either crews or pro- 
visions for a cruise. 

The Independence, having not more than two weeks' provisions, was taken to 
New Orleans some months since, where she has been detained, and has not yet 
been reported to this Government for service. 

At an early day a confidential officer was dispatched to the United States, for 
the purpose of purchasing such vessels as would enable us to keep the command 
of the Gulf from our enemy. 

He has reported to the proper department, and his arrival is daily expected 
with one or more fine vessels, in preparation to defend our commerce, and make 
reprisals on the enemy. 

Our commerce has suffered to some extent, and a small portion of supplies 
for the army has been captured and taken into Mexican ports. I take leave to 
call the serious attention of Congress to the establishment of a naval depot at 
some point on our coast, which will add greatly to our efficiency at sea, and at 
the same time diminish our expenses. 

The suspension of business attendant on the removal of the public archive 
and documents, with other reasons, has rendered it impossible to lay before 
Congress detailed reports of the several departments of the Government, show- 
ing their condition ; but so soon as practicable, and at an early day, they will be 
submitted, and all important information referred to Congress. 

Not unconnected with the naval force of the country, is the subject of the 
African slave trade. It can not be disbelieved that thousands of Africans have 
lately been imported to the Island of Cuba, with a design to transfer a large 
portion of them into this Republic. This unholy and cruel traffic has called 
down the reprobation of the humane and just of all civilized nations. Our ab- 
horrence to it is clearly expressed in our constitution and laws. Nor has it 
rested alone upon the declaration of our policy, but has long since been a sub- 
ject of representation to the Government of the United States, our ministers ap- 
prising it of every fact which would enable it to devise such means as would 
prevent either the landing or introduction of Africans into our country. 

The naval force of Texas not being in a situation to be diverted from our im- 
mediate defence, will be a sufficient reason why the Governments of the United 
States and England should employ such a portion of their forces in the Gulf as 
will at once arrest the accursed trade, and redeem this republic from the sus- 
picion of connivance ; which would be as detrimental to its character as the practice 
is repugnant to the feelings of its citizens. Should the traffic continue, the 



286 Houston's Liter ary He mains. 

odium can not rest upon us, but will remain a blot upon the escutcheon of 
nations who have power, and withhold thtir hand from the work of humanity. 

It will be proper to remark that our attitude in relation to the subject of an- 
nexation to the United States of America, has undergone no important chanfje 
since the adjournment of the last session of Congress. Our ministers at Wash- 
ington City gave to the subject of our national concerns, their able, zealous, and 
untiring attention, and much credit is due to them for the character which they 
sustained in advocating our interests at a foreign court. The period at which 
the Congress of the United States was compelled to adjourn, prevented any ac- 
tion of that Government, relative lo annexation. It will, it is hoped, be referred 
to the action of the next session, and receive an early determination. 

In the meantime it will be proper for Texas to pursue a course of policy 
which will be beneficial to her in a character substantive, and to secure her ex- 
istence and her rightS; without reference to contingencies. For it is not pos- 
sible to determine what are to be her future relations to the civilized nations of 
the globe. Blessed with a soil the most fertile, and climate the most delightful 
and salubrious, Texas must attract the attention of all the commercial and 
manufacturing nations of the world. 

Her cotton, sugar, indigo, wines, poultries, live stock, and precious minerals 
will all become objects of mercantile enterprise and activity. 

Nor can we lose sight of the important production of the live oak. It is but 
reasonable to say that four-fifths of all that species of timber now in the world, 
is to be found growing in Texas, while many millions' worth of it is daily decay- 
ing on our cultivated fields. 

To establish such intercourse with nations friendly to us, as will induce them 
to seek our market with their manufactures and commodities, and receive from 
us in exchange our productions, will become our most imperative duty. 

Texas with her superior natural advantages must become a point of attrac- 
tion, and the policy of establishing with her the earliest relations of friendship 
and commerce, will not escape the eye of statesmen. 

England has not disregarded our situation thus far, nor can we believe, from 
the indications already manifested by her, that she is to regard our prosperity 
with unkind feelings of suspicion or indifference. 

Should our resources be regulated by a wise and politic system of legislation, 
we must remain independent and become a prosperous people. 

Our relations to Mexico since the last session of Congress, have undergone 
no important change, nor have overtures been made by either nation. 

Texas, confident that she can sustain the rights for which she has contended, 
is not willing to invoke the mediation of other powers ! While Mexico, blind to 
her interest and her future existence, seems determined on protracting the war 
without regard to her internal commotions. Revolution is stalking abroad 
throughout her land, while she is unable to defend her frontier against the in- 
cursions of the bands of predatory Indians on the frontier of the Rio Grande ; 
from Santa F6 to Matamoras. 

Early in last winter a correspondence was opened by the Secretary of State with 
the Mexican Consul at New Orleans, containing propositions to exchange prison- 
ers, so far as the number of Texans would extend, and then to release the excess 
of Mexican prisoners on parole. Notwithstanding the humanity and liberality 
of this offer, it has met no official response from that Government. It seemed 



Revision of Laws — Land Titles. 287 

to me, that it would be in accordance with the civilization of the age, to release 
all the prisoners, and to permit them to leave our shores so soon as they can do 
so. In the meantime I have learned that our citizens, as well as the prisoners 
at Matamoras (amounting to thirteen in number), have been liberated. It is 
impossible for me to account for the apathy with which Mexico treated the sub- 
ject, and her willingness to permit a portion of the bravest troops of the nation 
to remain prisoners in exile, when a just policy would at once have restored 
them to their country and homes. 

Congress will no doubt find it necessary to revise the laws of the Republic, 
and to direct that a digest be made of those of Coahuila and Texas, so far as 
they may be useful to the establishment of rights acquired under them. 

It will be seen that the adoption of the common laws of England, with modi- 
fications adapted to our situation, is required by the provisions of the Constitu- 
tion. 

Nothing can conduce more to the order and stability of a Government, than 
the simplicity of laws, the proper definition of rights, and their impartial and 
consistent administration. 

I will not close this communication to your honorable body, without present- 
ing to your consideration, the claims of citizens of the United States, who ac- 
quired as they conceived, bona fide titles to lands in Texas. 

It is due to many of these individuals, to suggest, that their generous and 
manly efforts in behalf of our cause, will entitle them to the most favorable de- 
cisions of Congress. 

Their means have aided us in the darkest hours of our probation, and recently 
have aided in dispelling our embarrassments. Such men deserve the gratitude, 
as well as the justice of the country. 

While reflecting upon the dispensations of an Almighty Being, who has con- 
ducted our country through scenes of unparalleled privation, massacre, and 
suffering, it is but gratitude and sensibility to render to Him our most devout 
thanks, and invoke His kind benignity and future providence, that He will pre- 
serve and govern us a chosen people. 

(Signed), Sam Houston, 



MESSAGE TO THE CONGRESS OF THE REPUBLIC OF TEXAS. 



Executive Department, 
City of Houston, Nov. 21, 1837. 



} 



Gentlemen : Congress having been apprised of the reasons which have 
delayed the Executive in presenting his views to their consideration, at the com- 
mencement of the annual session, will supersede the necessity of an apology. 

The important responsibility which at the commencement of every communi- 
ty or nation, must devolve upon its law-givers and officers, is manifest to all 
but the heedless, and will be properly estimated by the patriotic and virtuous of 
every country on whom those duties may be conferred. Upon their exertions 
must the happiness and prosperity of a nation depend at home, and by their 
acts will its character be ascertained and determined in the opinions of the en- 
lightened abroad. Our relations to the nations of Europe, as well as to the 
Governments of South America, have yet to be established, nor has the impor- 



288 Houston^ s Literary Remains. 

tance of this subject been disregarded, particularly with England and France, as 
our commercial relations, so far as they depend upon European supplies, must 
exist with those nations. Since the departure of our Commissioner to the 
Court of St. James, no intelligence from him has reached this Government. 

For the regulation of the circumstances of foreign ministers, agents, and con- 
suls, it will be necessary to pass enactments, or to adopt some system to facili- 
tate the desires of the Government, and obviate the embarrassments which must 
impede their success. Upon this subject a report of the Secretary of State will 
be presented to Congress for consideration. 

The relations which existed between this country and the United States, at 
the period of my last communication on the subject, have undergone no impor- 
tant change, unless we regard the correspondence of our minister at Washmg- 
ton, with the honorable Secretary of State, as indicating the determination of 
the Government of the United States upon the subject of our annexation. This 
government, from the expression of the people of Texas, having in the most 
frank and undisguised manner presented their desires for annexation, and en- 
forced them by considerations which appeared conclusively to be beneficial to 
both countries, did hope that the United States would deem it their interest, 
while in the prosecution of a wise and just policy, to receive and embrace Texas 
as an integral part of the Union of the North. The consummation of this de- 
sire seems to be postponed for the present, and will render the course which we 
should adopt palpable and necessary. Recognized as we have been by the 
United States a free, sovereign, and independent nation, it becomes our imperi- 
ous duty to pursue such a course of policy and legislation as will at once com- 
mand the respect and confidence of other nations, while our internal safety and 
prosperity will be secured. A fair and liberal policy should be extended to all 
nations who may desire to establish commercial relations with us, or who may 
deem it proper to introduce their fabrics or commodities into our country. 

The Charge d'Affaires of the United States, duly accredited, has been received 
in the Government of Texas, and confidence is entertained that the most friendly re- 
ciprocal understanding between the two countries will be established and preserved. 
This circumstance originating with our mother country, the first to hail Texas 
as a member of the great family of nations, is calculated to awaken in us emo- 
tions the most friendly, and inspire us with a manly confidence in our condition. 
A well-organized judiciary, composed of enlightened and honest members, is 
the palladium of civil liberty. The present existing laws are doubtless as per- 
fect as could have been expected to arise under the circumstances in which they 
were created. Experience and time have demonstrated to us their insufficiency, 
and forcibly inculcate the necessity of a remedy. The resources of the several 
counties up to this time, have not authorized the creation of jails. For the 
remedy of this defect, I would recommend that authority be given to the several 
district judges (where information shall be filed) in cases of felony, to direct the 
immediate trial of the accused. From this course no prejudice can arise to the 
culprit, while the country will be relieved from a burden, and the opportunities 
of the guilty to escape from justice will be diminished. The regulations of fees 
and perquisites connected with the judicial department of the Government is a 
subject of mucli importance, and should claim the scrutiny and consideration 
of Congress. If this is done we may hope that cupidity will be disappointed, 
and extortion banished from our land. 



Kevenue-LaiDS — Funding Texan Debt. 289 

The finances of our country since the commencement of the revolution up to 
this time, have been in a more embarrassed situation, doubtless, than any other 
nation ever experienced. Since the commencement of the present administra- 
tion, during the first year, there was at the disposition of the Executive, or in 
the Treasury, but five hundred dollars in cash. The several amounts w^hich had 
been appropriated for specific or general purposes depended upon the sale of 
scrip, and t/iaf, by acts of Congress, was placed in the hands of foreign agents 
who were irresponsible to the Executive, having given no security so as to in- 
sure accountability, and furthermore, placed beyond the jurisdiction of ourselves. 
This imaginary and unfortunate expedient is now at an end, and has left the 
Government in a situation to afford the most ample redemption of all her pledges 
and responsibilities. 

A boundless revenue to the country will arise from the opening of the Land 
Offices, and so soon as that can take place consistently with the positive provi- 
sions of the Constitution, and regulated by such enactments as will guard the 
public interest against iVaud and imposition, it will meet the desire of the Execu- 
tive, and promote the public tranquillity. 

Owing to the financial derangement in the United States, from which our cur- 
rency was almost entirely derived, and where it was hoped that this country 
could obtain a negotiation for five millions of dollars, our expectations have not 
been realized. By the last advices from our agents of the loan they had not suc- 
ceeded, but regarded the prospect of success greater than they had been at any 
previous time. 

The enactments of Congress authorizing the funding of a portion of the public 
debt, in connection with the issue of a half-million of treasury notes, is calculated 
in a short time to relieve the Government from embarrassment and establish a 
currency of her own, superior in value to any which can be introduced of the 
non-specie paying banks of the United States. The resources of the Govern- 
ment, which are pledged for the payment of the interest, and the redemption of 
our notes and certificates, are ample and unquestionable, and as long as Con- 
gress may decline issuing an excess of notes, or does not exceed a half-million of 
dollars, and that amount is received at the treasury, for all dues to Government, 
at par with gold and silver, we will have a sound currency, and one that will 
have credit in countries which have commercial intercourse with us. Five hun- 
dred thousand dollars will supply all the necessities of exchange among our- 
selves ; and while it is received for revenue, and in payment for public lands, 
should it not be sufficient for the purposes of exchange, the precious metals will 
find their way into our country and supply the deficiency or scarcity of our cur- 
rency, giving to it additional value. The issuing of a greater amount of notes 
than what would meet the actual necessities of a circulating medium (while the 
Government is continually receiving it in revenue, and paying it out for demands 
against it), would cause depreciation in its value, in the same proportion to the 
surplus amount that may be issued. As no experiment has yet been tried to 
ascertain the requisite amount, no possible prejudices can result to the country 
or to individuals by adhering to the present enactments on the subject until the 
next session of Congress, while, by pursuing a contrary course, it may involve 
our finances in difficulty irremediable. 

The report of the Secretary of the Treasury is submitted to Congress, and is 
the result of much application and attention to the subject of finance, and em- 
19 



290 Houston's Litei'ary Hemains. 

braces views and a system as well adapted to our situation as any that could be 
presented at the present time. Intimately connected with the resources of the 
treasury is the accountability of the receiving and disbursing officers of the Gov- 
ernment. It must be the case with us as with all other countries, that defalca- 
tions will take place ; to guard against this evil, it is proper that responsibility 
should be secured in future, and that some mode should be pointed out which 
will authorize process to issue against those who have heretofore been defaulters 
in any office or department. 

The first Congress which met after the Convention authorized the Presi- 
dent to accept the services of twenty thousand men. Exercising his discretion 
upon the subject, he has not deemed it necessary, thus far, to marshal so large a 
force and maintain it in the field, or to commence offensive war, but has deter- 
mined to await some indications on the part of the enemy that will, in the 
opinion of the world, justify the most decisive measures to secure our independ- 
ence, and establish an honorable peace. To this end, the officers and soldiers 
have been furloughed, except such a part as was necessary for maintaining cer- 
tain positions which were regarded as most requisite for our present cir- 
cumstances. 

It is gratifying to assure the honorable Congress that a large portion of those 
that were furloughed have directed their attention to agriculture and the 
mechanic arts ; they have become citizens, and now their lives, as well as their 
future hopes, are identified with the destiny of Texas. 

Since the commencement of the present administration the war department 
has been the most laborious and difficult in the performance of its duties ; it has 
been improving in its organization, and it is believed that, under the direction of 
the gentleman who is placed at its head, a system will very soon be established, 
and the facihties of the country, inasmuch as they are connected with the 
department, greatly increased. 

The militia of all republics must be regarded and esteemed as the bulwark of 
liberty, and particularly so while the generation remains which have achieved 
the emancipation of their country. With them liberty has begun, and they will 
preserve it at every hazard. Their organization and discipline should claim the 
first attention of Congress, and, as soon as it is perfected, Texas will be in a 
most confident attitude of success over all her enemies. The present militia 
laws are not so perfect as to preclude amendment, nor has it been in the power 
of the War Department to execute the wishes of Congress, owing to various 
causes over which it had no control. It is hoped that Congress will give such 
direction to the subject as will give the greatest efficiency to that arm of the 
service. The report of the Secretary will be submitted to the Congress for 
consideration. 

The extraordinary embarrassment of the finances of the country, at the com- 
mencement of the Revolution, and its continuance until the adoption of the 
present system, has been such as to prevent the creation of an efficient navy. 
The extent of our seaboard inculcates the necessity, and manifests the advan- 
tages, which must result to the Government from the command of the Gulf 
of Mexico. The certain means which Texas now possesses, and must have at 
her disposal, induce the Executive to urge the most ample appropriations, in ad- 
dition to those which have been made at the present session of Congress. There 
can be no doubt but that the enemy will avail themselves of every advantage by 



Violation of Orders in the Texan Navy. 291 

sea which may be within their power. Therefore, it will be incumbent on 
us, not alone to make preparations to meet them, but to maintain active opera- 
tions by sea and by land. Whenever our gallant tars have met the enemy they 
have evinced the most daring chivalry and indomitable courage, nor has our flag 
ever been struck to less i\\ax\five times our force, and then not until after a pro- 
tracted engagement. 

In the creation of a navy, I recommend to the earnest attention of Congress 
the enactment of such laws and regulations as will enable the Government 
to control the conduct of its officers, and to punish them promptly for dis- 
obedience of orders. It may be of importance to our amicable relations 
with other powers. A circumstance occurring on the last cruise which was 
directed by the Executive, demands of me in this communication to notice the 
same to the honorable Congress. Orders were issued from the Navy Depart- 
ment, by direction of the Executive, to the Commander of the Navy, fhat all 
neutral flags should be respected, unless the vessel was bound to an enetny's 
port, and had on board articles contraband of war. In violation of these orders, 
the Eliza Russell, an English brig, was seized and sent into port, with a valuable 
cargo of fine goods, but cox\\.z\x\\y\^wo\!M.wg contraband of war. Upon informa- 
tion of the circumstances, the Executive directed her immediate release, and the 
payment of damages, so far as he deemed it within his competency. The sub- 
ject will be presented to Congress by the owner of the vessel, with a minute 
statement of all the facts. The circumstances of the case were immediately com- 
municated to our Commissioner near the Court of St. James, and the Executive 
has been assured that the despatch would reach England by the time of his ar- 
rival. Other acts connected with the cruise, of a character not calculated 
to elevate us in the scale of nations, were done either without orders, or in 
direct violation of those which had been issued by the department. These facts 
imperiously demand of the Executive a frank and solemn disavowal of all 
things done, either in contravettfion or violation of his orders. 

The accompanying report of the Acting-Secretary of the Navy will present his 
views on the subject of its improvement and utility to the country. The report 
is referred to the consideration of Congress. 

Heretofore, difficulties insuperable were presented to the establishment and 
regular conveyance of the mail, but by indefatigable attention and labor the 
Postmaster-General has been enabled to give efficiency to the department, and 
hereafter, with suitable aid from Congress, there will be but little difficulty 
in the regular transmission of mails and the circulation of intelligence through- 
out the Republic. It is not to be expected that any revenue can arise to 
the Government from this department, but it is thought that a higher rate 
of postage might be established without oppressing any portion of the commu- 
nity, but with advantage to the revenue, as it will be seen by a report of the de- 
partment herewith submitted. 

It is much to be deplored that one important item of intelligence has not been 
circulated throughout the Republic. The Secretary of State, to whom the duty 
of having the laws published v/as assigned by Congress, has used every exertion 
possible to attain the object, but for the want of means (as Congress had omitted 
to make an appropriation necessary for the payment of printing), he has not had 
it in his power to have it completed. But for this circumstance the work would 
have been finished, and the laws distributed. This subject is presented to Con- 



292 HoustoTi's Literary Memains. 

gress without any sug-gestion, as its importance to the community will be a suf- 
ficient recommendation to its attention. 

It is of much interest to our country that our relations with our Indian neigh- 
bors should be placed upon a basis of lasting peace and friendship. Convinced 
of this truth, it has been the policy of the administration to seek out every 
possible means to accomplish this object, and give security to our frontier. At 
this time I deem the indications more favorable than they have been since Texas 
assumed her present attitude. Measures are in progress with the several tribes, 
which, with the aid of suitable appropriations by Congress, may enable us to at- 
tain the objects of peace and friendly intercourse. Apprised of these facts, it is 
desirable that the citizens of Texas should so deport themselves, as to become 
the aggressors in no case, but to evince a conciliatory disposition whenever it 
can be done consistently, with justice and humanity. Unofficially it has been 
communicated to the Executive that several small tribes residing within our 
settlements express a disposition (if the Government will assign to them a coun- 
try on the frontier) to remove from their present situations. The undeviating 
opinion of the Executive has been, that from the establishment of trading- 
houses on the frontier (under prudent regulations), and the appointment of capa- 
ble and honest agents, the happiest results might be anticipated for the country. 
The intercourse between the citizens and Indians should be regulated by acts of 
Congress which experience will readily suggest. The situation of Texas at this 
time would doubtless justify the establishment of martial law at such out-posts 
as are detached from the body of our population, and it does seem to me that 
no injury could arise from the adoption of the measure. In this communication 
the Executive has no hesitancy in presenting the claims of those who have been 
wounded and disabled in the defence of the liberties of Texas. It is the policy 
of all Governments to reward those who have rendered great and important ser- 
vices to their country, and when disabled to secure to them pensions, propor- 
tionate to their disability. The Texan Congress can not eschew the necessity 
of adopting this course in relation to her brave and gallant defenders. The 
widows and orphans of those matchless spirits who perished in the Alamo, and 
the heroic and gallant band who were basely massacred on the plains of Goliad, 
have peculiar claims upon the sensibility and justice of the Congress and the 
nation. It is to be regretted that the merits of this subject have not had the 
good fortune to claim the earlier notice of Congress. Therefore it is recom- 
mended to their immediate attention and provision. 

In relation to Mexico it is proper to state that previous to the capture of the 
Texan schooner of war. Independence, by two Mexican brigs and a schooner of 
war, the Executive had issued an order for the release of all the prisoners of 
war who had been taken at San Jacinto, which order owing to the news of the 
capture was countermanded for the purposes of reprisal, if the Government of 
Mexico should again disregard or violate the laws of war. With a desire to re- 
lease the chivalric officers and gallant crew who had so bravely maintained the 
honor of our flag and the citizens of Texas (among whom was our minister, the 
Hon. Wm. H. Wharton), the Government dispatched Col. John A. Wharton 
and thirty Mexican prisoners, with a cartel. He was treated by the authorities 
at Matamoras in a manner which has always characterized a vain and ignorant 
nation. Although Col. Wharton presented himself under the protection of a 
flag of truce, he represents " that he was not received by the Mexican authorities. 



Mexican Inhumanity and Infatuation. 293 

but on the contrary, was treated with every incivility and indignity that could be 
offered to an ordinary criminal or pirate." In addition to the prisoners sent 
with Col. Wharton, a vessel had been chartered and upwards of sixty prisoners 
were sent h-om Galveston to Matamoras. Those of the officers and citizens 
who had not escaped were subsequently released, after a cruel and rigid confine- 
ment of months. The ground on which they were released is unknown to the 
Executive, inasmuch as no communication accompanied their return. 

To speculate upon the course which Mexico intends to pursue would be idle 
ana ridiculous. Since the first invitation of the Anglo-Saxon race to this coun- 
try, the narrative of her conduct would be but the history of her perfidy, and a 
manifestation of our wrongs. The first settlers of Texas entered a wilderness, 
and expelled the savage cannibals who had maintained this fair region against 
the boasted power of Mexico. The enterprise of the people, with the accumu- 
lation of plenty, excited the cupidity of their Government ; and persons 
were sent among us to grant pretended titles to lands, while they extorted from 
industry its honest gains, and left us in a situation liable to further demands and 
extortion, without a right to the soil which had been pledged to us by every 
legal and political solemnity. The form of government under which we were 
invited, and for which the citizens of Texas periled their lives, in eighteen hun- 
dred and thirty-two, was the constitution of eighteen hundred and twenty-four. 
It was changed and the iron yoke of slavery was tendered in its stead. Op- 
pression begot resistance, and rebellion gave us liberty and independence. 

It is vain to suppose that Mexico, inbecile as she is, and distracted by in- 
ternal factions, can ever reconquer the fair region of Texas, and maintain her 
conquest. The same spirits who have subdued the wilderness, and repelled the 
boasted invincibility of Mexico, _y^/ live. Our soil is consecrated by the blood 
of martyrs, and we will defend it or perish ! 

A blind infatuation may impel Mexico to another attempt to subjugate free- 
men, and precipitate her own catastrophe — while wisdom and a just policy 
might enable her to improve her own social and political relations, and establish 
her Government on a rational and firm foundation. Were it possible for Mexico 
to drive from the soil of Texas, or massacre the race which now inhabit its 
bright regions, their last faint whisper, arousing their kindred of the United 
States of the North, would be the death knell of Mexico, and their chivalric and 
daring enterprise would not alone prompt them to avenge the wrongs of brothers, 
but would impel them to loftier achievements, and Mexico herself become an 
object of conquest. Let Mexico then counsel with her safety ! ! ! 

The cause of Texas being just, let us look with heartfelt reverence to the 
great Arbiter of Nations, and by our virtues as a people, endeavor to insure a 
continuance of His benefactions. 

(Signed), Sam Houston. 



294 Ilouston\s lAUrary Remains. 

FIRST GENERAL MESSAGE TO THE CONGRESS OF THE 
REPUBLIC OF TEXAS. 



ENT, ) 
5, 184I. ) 



Executive Department 
City of Austin, Dec. 20, 
Gentlemen of the Senate and of the House of Representatives : / 

It affords me pleasure to salute you as the representatives of the nation. Ele- 
vated a second time, by the suffrages of a free and enlightened people, to the 
chief magistracy of our country, I proceed to the discharge of the embarrassing 
and weighty responsibilities of my office with the utmost solicitude. It seems 
that we have arrived at a crisis, in our national progress, which is neither cheer- 
ing for the present nor flattering for the future. I heartily regret that truth will 
not allow me to approach the Congress with the usual felicitations of present 
and prospective happiness. The time has arrived when facts must be submitted 
in their simplest dress. Unavved by sectional or party influences, I shall occupy 
the position my constituents have assigned me with unslumbering vigilance, and 
a sacred determination to act with decision and to speak with candor. The peo- 
ple must be heard and their rights protected. The constitution must be ob- 
served, and the laws must be obeyed. 

My intention was to have made this communication to the honorable Con- 
gress at an earlier day ; but, notwithstanding my unremitting exertions since my 
inauguration, to make myself acquainted with the true condition of the Govern- 
ment, I have not yet been able to derive that clear and satisfactory information 
which I deemed important to the correctness of my opinions. The conclusion I 
have arrived at, in reference to the existing state of things, and the measures to 
be adopted to extricate ourselves from crushing embarrassment, and to provide 
for the absolute wants of the Government and people, will be laid before Con- 
gress with all the brevity the importance of the subjects alluded to will permit. 

The annual message of my predecessor, at the opening of the present session 
of Congress, has placed the condition of our foreign relations generally before 
you. As yet, I have been unable to examine the voluminous correspondence of 
our agents abroad, on file in the State-office. I can not, therefore, advise, at 
this time, any particular legislation on this subject. 

From our contiguity to the United States, and our intimate and daily 
intercourse with its citizens, the Executive views it as a matter of much magni- 
tude to effectuate, at the earliest period, a treaty with that power of a more defi- 
nite and specific character than that which constitutes the basis of our subsist- 
ing relations. I do not doubt that the Congress will provide the necessary means 
of attaining an object at once so desirable and necessary. 

We stand in the same attitude toward Mexico as we did in 1S36. Overtures 
have been made by my predecessors for the purpose of securing an amicable ad- 
justment of existing difficulties ; but, as often as made, they have been reject- 
ed under circumstances which have not exempted this Government from humil- 
iation. Therefore, until a disposition is evinced on the part of Mexico herself 
to solicit friendly relations, the present Executive of Texas will neither incur the 
expense nor risk the degradation of further advances. Aware of the Mexicans, 
and believing, as I always have, that Mexico is and will remain unable to invade 
us with any hope of success, I would recommend the kindest treatment of her 
citizens, so far, at least, as they might be disposed to engage in commerce with 



Mexican and Indian Depredations. 295 

ours. But in every instance where they shall enter our territory with inimical or 
hostile intentions they should be treated as common enemies. I believe that any 
interference in the revolutions and distractions of Mexico is not only incompat- 
ible with the dignity and interests of TexaSjbut directly calculated to exasperate 
our national enemy, while it weakens our resources by sacrificing those of our 
citizens who may engage in their partisan quarrels to their proverbial perfidy and 
to certain destruction. This is demonstrated by the issue of every enterprise 
of the kind in which our countrymen have been participants. The feuds and 
contests which have arisen, and may continue to arise, have for their object per- 
sonal aggrandizement ; the leaders in which are better entitled to the appellation 
of bandits than of either patriots or statesmen. These individuals have no ex 
alted principles of action, and should receive no encouragement from us. The 
Executive, therefore, should be fully empowered to arrest and prevent the pred- 
atory warfare occasionally carried on within our territories, to the injury of our 
Western settlers. 

It is my desire that this Government should assume a station in relation to 
this subject not inconsistent with national respectability, and conducive to our 
best interests. Mexico has more to lose in a contest with Texas than Texas has 
with Mexico. Her civil commotions will exhaust her resources and diminish her 
means of aggression ; while emigration to Texas will give us population and re- 
sources, and they will give us power to resist aggression. 

Our Indian relations are far from being satisfactory. For years large appro- 
priations have been made by Congress for the 'defence of the frontiers. With 
what success ihey have been employed the whole country is familiar. The meas- 
ures adopted under the late administration were directly at variance with 
those recommended by the first constitutional Executive. On the safety and se- 
curity of our frontier settlements materially depend the increase of emigration, 
the extension of our limits, and the general quietude and prosperity of all our 
citizens. It is, therefore, important that means should be provided for the Ex- 
ecutive and placed at his disposal, to enable him to accomplish these objects, 
and to meet pressing emergencies. That they are within our reach I have 
no doubt. A thorough knowledge of the Indian character has induced a firm 
belief on my part that a sum less than one-fourth of the amount heretofore an- 
nually expended for these purposes would procure and maintain peace with all 
the Indian tribes now upon our borders. I would suggest that a number 
of posts be established at suitable points, extending from our western border to 
Red River; that treaties be concluded with the several tribes, and that one 
or more traders be established, under proper regulations, at each of these posts, 
with from twenty-five to thirty men for their protection. I do not doubt that 
this system, once established, would conciliate the Indians, open a lucrative com- 
merce with them, and bring continued peace to our entire frontier. Their inter- 
course with us would enable them to obtain articles of convenience and comfort 
which they could not otherwise procure, unless by a very indirect trade with 
more remote tribes who have commerce with traders of the United States. 
Finding a disposition on our own part to treat them fairly and justly, and dread- 
ing a loss of the advantages and facilities of trade, they would be powerfully af- 
fected, both by feelings of confidence and motives of interest, to preserve peace 
and maintain good faith. The hope of obtaining peace by means of war has, 
hitherto, pruved utterly fallacious. It is better calculated to irritate than to 



296 Houston'' s Literally Jxemains. 

humble them. Neither can we pursue with the hope of exterminating- them. 
Millions hav'e been expended in the attempt, and what has been the result ? 
War and thef't are their vocation ; and their incursions are made upon us with 
impunity. We can not pursue them with success. Our citizens, so continually 
harassed, are dispirited. Industry and enterprise are alike embarrassed ; the 
former prevented, and the latter discouraged. How far it is necessary for Con- 
gress to provide for the attainment of these objects is referred to their con- 
sideration. 

In commencing my official duties, it was reasonable to suppose I should have 
found the ordinary facilities of conducting the affairs of government. On the 
contrary, I find it in a condition more deplorable than it was at the period of its 
commencement. There is not a dollar in its treasury ; the nation is involved 
from ten to fifteen millions. The precise amount of its liabilities has not been 
ascertained, nor does the Executive expect, deprived as he is of the means 
of transacting the public business, to be able to ascertain its true condition 
within any reasonable time. Business connected with some of the important 
branches of the different departments has remained unsettled and unascertained 
for the last three years. Until its true condition is known the adequate remedies 
can not be applied. We are not only without money, but without credit, and, 
for want of punctuality, without character. At our first commencement we 
were not without credit, nor had a want of punctuality then impaired our 
character abroad or confidence at home. Patriotism, industry, and enterprise 
are now our only resources, apart from our public domain and the precarious 
revenues of the country. . These remain our only hope, and must be improved, 
husbanded, and properly employed. 

As my predecessor recommended no definite course in relation to our 
finances, I will not hesitate in recommending the only plan which, to my 
mind, appears practicable and efficient. View it as we may, it will at least find 
justification in necessity. We have no money — we can not redeem our liabilities. 
These facts are known, and we had as well avow them by our legislation as 
demonstrate them by every day's experience. I would, therefore, recommend to 
the honorable Congress a total suspension of the redemption of our liabilities to 
a period sufficiently remote to enable the Government to redeem, in good faith, 
such as it ought to redeem. It is known to the Executive that, to a considerable 
amount, they have been justly incurred, whilst he has reason to believe that 
many will be brought forward not by any means entitled to governmental con- 
sideration. To attempt a redemption of our present liabilities by taxing our 
population to the amount necessary would be to them ruinous. Much as we 
might have deprecated this course of policy, we have now no other remedy left. 
The evil is upon us. While many just claims are thus deferred, we can only re- 
fer our creditors to our inability to pay our debts. 

To sustain our present system of government, it is proper that we should 
adopt such a course of policy as will not prove insupportable to its citizens, and 
at the same time provide for its necessary expenditures and preserve a due ad- 
vertency to our existing obligations. I would, therefore, recommend that the 
law authorizing the assessment of double taxes be repealed ; that the direct tax 
be reduced one-half, and that all taxes hereafter assessed be receivable only in 
gold and silver, or paper of unquestionable character — the receiving office to be 
held responsible for its value. I would further recommend that all daes and 



Public Lands Hypothecated — Direct Taxes. 297 

duties which may hereafter accrue to the Government be paid in gold and silver, 
or equivalent currency. The present tariff may require some revision and modi- 
fication, and, on some articles, a reduction. This, however, will become a matter 
of consideration for the Congress. I would further recommend to the attention 
of the honorable Congress the propriety and absolute necessity of resorting to a 
new issue of paper, not exceeding in amount three hundred and fifty thousand 
dollars — not more than fifty thousand dollars of which to be issued in any one 
month until the whole shall be put in circulation. The Government must be 
supported, and the people must have a currency. It is designed for this new 
issue to take the place of the present promissory note system, and be receivable 
for all the revenues of the Government as equivalent to specie. For the redemp- 
tion of this new species of paper I would recommend that one million acres 
of the pubhc domain, lying within the territory known as the Cherokee country 
be specially set apart and reserved ; and these lands, or the proceeds thereof, 
when brought into market, be pledged as a guaranty for that purpose. It is fur- 
ther recommended to the Congress to authorize the negotiation of a loan of three 
hundred thousand dollars to meet the emergencies of the country. The security 
upon which this loan is intended to be made will be specific portions of the pub- 
lic domain set apart, designated and specially reserved for its final payment; in 
default of which, on the part of the Government, said lands to become the prop- 
erty of the Government bondholders, on such conditions as may be agreed upon 
by the contracting parties ; and the lands thus hypothecated not to be subject to 
any legislation that might divert their proceeds from the objects avowed. 

The Executive feels fiiUy satisfied that this system-, once adopted in good 
faith, and adhered to, will furnish the country with a sufficient currency, and 
maintain its credit unimpaired. The excessive and unnecessary emission of the 
promissory notes of the Government has produced the depreciation of and 
destroyed the currency of the country. An amount not exceeding five hundred 
thousand dollars will answer all the conveniences of Government, and, in my 
opinion, remain in value equal to gold and silver. Experience has instructed us 
in the ruinous policv of issuing a greater amount of governmentalliabilities than 
were necessary for the purposes of trade and commerce. The rock on which we 
have been wrecked must, in future, be avoided. So long as the amount did not 
exceed six hundred and fifty thousand dollars, our money remained nearly at 
par in foreign markets, whilst at home it suffered no depreciation. In the ratio 
of excessive increase in issue was its depreciation, until it sunk into its present 
almost valueless condition. In commencing anew, it is proper that we adopt a 
system from which no emergency will induce a departure. Instructed by experi- 
ence in the fallacy of the past, we can have no excuse for a failure in our pledges 
of the future. 

The principal reason why I incline to diminish direct taxation and rely upon 
impost duties as a source of revenue, is that I deem them the most just and 
equitable, and least burthensome to the actual laborer and productive classes of 
the country. Direct taxation bears immediately upon the farmer, whilst a larger 
portion of the community can only be reached by impost duties. It is not the 
agriculturist that is generally the consumer of articles of foreign manufacture and 
importation ; but, those who produce nothing (rom the soil, and rely upon other 
pursuits for a subsistence, and who are not so directly engaged in developing the 
resources of the country, will be most sensibly affected by tariff regulations, and 



298 Houston's Literary Remains. 

thereby contribute a fair proportion to the support of the Government. If the 
farmer is necessarily compelled to purchase articles for consumption of foreign 
importation, he will contribute through the merchant to that branch of revenue 
— the merchant having added the duty to the price of the article sold. The 
merchant will receive the produce of the farmer in exchange for his goods, 
whereas, otherwise, the farmer would pay cash into the treasury for his direct 
taxes, where, of course, nothing could be receivable but money. 

Thus have I submitted my views to the Congress, in relation to the finances ol 
the country, not in the spirit of dictation, but of recommendation and advise- 
ment. Upon the system that may be adopted depends our national existence. 

The Executive being held responsible for the execution of the laws and the 
defense of the nation, must have the necessary means placed at his command for 
their accomplishment. At this time there are none; nor has the President, on 
any occasion, any disposition to violate the Constitution by expending the sub- 
stance of the country, or incurring national liabilities, by the use of means which 
have not been appropriated to him by the laws. This will become a subject for 
the consideration of the honorable Congress, and is so impressively manifest 
that I need not urge it as a subject of importance upon your attention. It is ex- 
pected by our constituents, and they ought not to be disappointed. It is the pe- 
culiar province of the Congress to furnish the Executive with means to execute 
his duties to the country in affording protection to its citizens. Without means 
he can neither execute his trusts nor redeem his obligations. 

During my former term of service, as the Executive of the nation, the then 
Congress denied me all requisite aid for the defense of the country. Repeated 
calls were made upon me for assistance and protection against Indian incursion 
and depredation, and 1 could render neither because the means had been denied 
me, and my power had been transferred to the Major-General of the Militia. 
Evil was produced to the country by these unauthorized acts, whilst the Execu- 
tive was held responsible by the people or misfortunes which are attributable to 
the Congress alone. It is sincerely to be hoped that like unfortunate and 
improvident legislation may never again be experienced in our country. 

With regard to our navy, I deem but few remarks necessary. Its situation 
and condition have been subjects of discussion before the honorable Congress for 
some time past, and as its final action has not been taken in relation to the mat- 
ter, a becoming sense of official decorum will, for the present, suspend the ex- 
pression of my opinion. If the law, directing the course which shall be pursued 
with the navy, remains unaltered, I shall proceed forthwith in its execution, ac- 
cording to the intention and in the spirit with which it was enacted. 

The subject of reform is one which has claimed the attention and considera- 
tion of the people, and one, in my opinion, of general as well as vital importance 
to the country. A judicious system of economy now adopted may be of advan- 
tage for the future. It must be beneficial if its provisions are not violated. The 
time when retrenchment was necessary and important, and would have pre- 
vented our present calamities, has gone by. Whether the precautionary meas- 
ures adopted by legislation have been executed or not, is for the Congress 
to determine. Reform, it would seem, is intended for the remedy of evils which 
have existed — the greatest of which is the unnecessary expenditure of the pub- 
lic resources. To prevent this for the future, if it has already been the case, is 
not only the duty of the Legislature but of the Executive, so far as the Execu- 



Army Metrenchment and Frontier Defence. 299 

tive may have delegated to him the power. The Constitution provides that cer- 
tain means should be placed within his control, to enable him to exercise all his 
legitimate powers. Amongst these are the services of certain officers, such as 
are necessary for the collection, safe keeping, and disbursement of the treasure 
of the country. These, also, are to be responsible and accountable to the Execu- 
tive for the trusts delegated to them. If their trusts are violated, they are 
amenable to the laws and accountable to the Executive. He is responsible to 
the nation, and if the means necessary are placed in his power, and he does not 
employ them to the advancement of the public good, or should use them for pur- 
poses not contemplated by law, he is answerable for their perversion. I would 
respectfully suggest to the honorable Congress that I desire to exercise no privi- 
leges or power but that which is delegated to me by the Constitution, or accorded 
to me by the Congress under the sanction of that instrument. I do, at the same 
time, solicit from your honorable bodies, as the representatives of the nation, 
stich provision and assistance as has heretofore been deemed indispensable 
to the administration of the Government. The same facilities will be required 
by the present Executive that were accorded to his predecessor during the first 
two years of his administration. Indeed, there is reason — pressing reason — 
why those facilities should not be diminished. The accumulation of business in 
the offices, and the derangement which has been consequent upon the consoli- 
dation of several departments during the last Congress, and the unsettled state 
of some bureaus for years past, overwhelm the officers now in service with a 
task which they are totally unable to perform. 

The objects of retrenchment should be to dispense with all the unnecessary 
officers, and retain those only which are necessary to the speedy and accurate 
transaction of business. Persons who have public business to transact in the 
offices will, otherwise, be detained at the seat of government at great individual 
expense and detriment for weeks and months. That there should be a respon- 
sible head to each department of the Government, agreeably to its first organiza- 
tion, to my mind is clear and decided ; and that they should receive a just and 
liberal compensation is beyond all question. Men of capacity and character can 
not afford to bestow their time, and incur the responsibilities of office, without 
an adequate reward. With such men employed, the Government has a right to 
expect beneficial results. If adequate salaries are not given to them to com- 
mand their services, the consequence will be that necessity will compel the selec- 
tion of such to fill those high places as will bring into the Government neither 
capacity, character, nor responsibility. If those aids, which I regard as indis- 
pensable, are furnished the Executive in the administration of the Government, 
he, at all times, will be prepared and willing to meet his responsibilities to the 
nation. If they are within his control, he will be answerable for their employ- 
ment. He will be able to hold the subordinates of his administration account- 
able, and to establish the strictest accountability in the offices of the various de- 
partments. Without these aids, so necessary to the existence of the Govern- 
ment, many important duties must be neglected. 

The people hope much, and expect much, in our present calamitous condition. 
Should the Executive not receive the necessary support from Congress, their 
hopes as well as expectations must be disappointed. The co-operation of Con- 
gress, with the aid of the judiciary, will be necessary to their accomplishment. 
With this assistance afforded, I will always be proud and happy to respond 



300 HoustoTi's Literary Remains. 

to the requisitions of my countrymen. If the power is given me, and I do not ex- 
ercise it with fidelity and ability in the promotion of the best interests of the na- 
tion, I will never assume the plea of incapacity, for I would feel, after the confi- 
dence expressed by my countrymen in my capacity and patriotism, that I should 
be accountable for the motives of niy heart as well as the exercise of my intellect- 
ual faculties. 

In the promotion of the prosperity and glory of my country, every energy of 
my mind shall be employed ; and, to extricate our fair land from the misfortunes 
which overshadow its present prospects, my exertions shall be continued, with a 
fervent and devout invocation to the God who buildeth up nations, that the 
clouds which now lower upon our destiny may be dispelled, and that His wis- 
dom may direct us in the path of glory and honor, and that the people of this 
nation may be established in virtue, prosperity, and happiness. 

Sam Houston. 



MESSAGE AT EXTRA SESSION TO THE CONGRESS OF THE 
REPUBLIC OF TEXAS. 



Executive Department, ) 



City of Houston, June 27, 1842. 
Gentlemen of the Senate and of the House of Representatives : 

Events have transpired since your adjournment which, in the opinion of the 
Executive, demand the action of Congress in extraordinary session. The ter- 
mination of your last session left the Executive surrounded with numerous and 
insuperable difficulties, to which circumstances, since arising, have added causes 
of embarrassment requiring the exercise of all the wisdom, energy, and patriot- 
ism which the nation can command. The necessary aids were solicited to meet 
the emergencies which have since taken place and which were anticipated by 
the Executive ; but the honorable Congress did not accord in his suggestions, 
and the precautionary measures requisite were not adopted. 

A demonstration by Mexico on our frontier has taken place ; and a maraud- 
ing party, under the most imposing aspect, has penetrated our territory as far 
as San Antonio. A violent excitement and coinmotion throughout the country 
were the consequence; and our brave citizens of the frontier, without order, 
regularity, or discipline, rushed to the supposed scene of action. On the arrival, 
however, at the point of expected conflict, they found that the enemy had re- 
treated with great precipitation. No organization of the men took place, nor 
was any report made to the Executive, or Department of War, of their numbers 
or condition. Rumor, however, at last induced the belief that there was an as- 
semblage of citizens at Bexar who were ready to rush with impetuosity across 
the Rio Grande. Acting under this impression, the Executive directed the or- 
ganization of the men, and the prosecution of a campaign, if it could be com- 
menced with any prospect of success. But for various reasons this was not 
done. No organization, although attempted, could be accomplished. Diffi- 
culties arose among themselves as to who should lead them ; and. in the end, 
they found themselves, on examination, totally unprepared for a campaign — in- 
asmuch as they had left their homes upon a momentaiy summons, and were 



Question of War with Mexico. 301 

destitute of the means for efficient and protracted service. The result was, they 
returned to their homes, and the orders of the Government were not executed. 

Before the excitement incident to this incursion had subsided in the commu- 
nity, the pompous declaration of the self-created potentate of Mexico had 
reached our shores, denouncing the subjugation of Texas, and lavishing upon 
its Government and people unmeasured abuse. Disregarding all the pledges 
which he had voluntarily made of a friendly disposition toward the recognition 
and establishment of our rights, he evinces, upon his assumption of power, the 
most malignant hostility toward our country', and holds out the idea of immedi- 
ate invasion and " molestation." 

It is not for us to act upon the supposition that this declaration, deliberately 
made by him while in supreme authority, was intended merely to give him a 
temporary popularity at home and to furnish a pretext for levying contributions 
and maintaining a large standing army, for the purpose of establishing himself 
permanently in the possession of usurped power and securing the means of op- 
pressing his countrymen, or that it was designed only to embarrass our inter- 
course and relations with other countries, and, if possible, in that way retard 
the prosperity of Texas. But we are to regard, with peculiar vigilance and at- 
tention, our internal safety and well-being, as well as our foreign relations, and 
secure ourselves in season against every contingency which might arise from his 
threats. Our past and present position toward Mexico are matters which can 
not be viewed with indifference or contemplated with apathy. 

Jf it be within the power of the nation, it is indispensable that protection be 
given to the frontiers. Our citizens have been and are still liable to continual 
annoyances from the enemy. No formidable invasion, it is true, has been at- 
tempted since 1836 ; nor do I believe they will be ever able to effect its accom- 
plishment. But though this is my tirm conviction, I am nevertheless equally 
satisfied that they will interpose every impediment to the peace, prosperity, and 
settlement of our frontier. I esteem it, therefore, the high and imperious duty 
of those to whom the Government of the country is confided, to adopt such a 
course of policy as will effectually counteract the designs of Mexico. The ques- 
tion then arises, are we capable, with the resources at our command, of prevent- 
ing these evils ; and if so, shall those resources be employed for that object ? 

From the circumstances which have transpired, the Executive was induced to 
believe that it was now quite time to adopt and pursue such a course of policy 
as will secure to us peace and the recognition of our independence. Under the 
conviction that iminediate invasion was meditated, he felt himself fully author- 
ized, under existing laws, to invite emigrants from the United States with a view 
of giving protection to our advanced settlement; and, so far as he had power, 
and even beyond the means afforded him by Government, he has proceeded in 
the organization of the militia, so as to place them in the best possible condition 
to prosecute a war, should the honorable Congress deem it necessary or expedi- 
ent to adopt such a course. At an early day it is expected that the proper de- 
partment will be prepared to report the condition of the militia. 

Emigration, to some extent, has been the consequence of the invitation of the 
Executive ; and thus far, the emigrants have been sustained almost entirely by 
private contributions. That they can be any longer supported without the 
action of the Government, can not be expected. No matter how great the feel- 
ing of patriotism may be, nor how strong the conviction on the frontier of the 



302 Houston^ Literary Remains. 

necessity for offepsive action against Mexi.o, individuals can not sustain a war 
which properly belongs to the whole nation. The prompt attention of Congress 
is, therefore, invited to this subject. The time between the 20th and 28th of 
July, has been designated for the general rendezvous of emigrants upon the 
frontier; and if Congress should think proper to decide that invasion should not 
take place, it is important that the fact should be immediately known. If, on 
the other hand, war should be determined on, it is indispensable that co-opera- 
tion should immediately take place between the emigrants and the militia of the 
countiy in its prosecution. 

The citizen who resides upon the frontier of the Southwest, subject to con- 
tinual alarms, and he who is located in conscious security upon the banks of the 
Sabine, constitute such an integral part of the national community, that, under 
the law, the protection of them, as well as all our citizens, in the rights of life 
and property, should be the object, as it is the duty of the Govermient. Unless 
continued and permanent protection is given to our frontier inhabitants, our set- 
tlements must recede from point to point ; which will not only contract our 
limits, but have a tendency to create discontent and distrust in our capacity for 
self-government. The infelicity arising from such a state of things must arrest 
our prosperity, and finally prove disastrous to the country. 

Were we to retaliate upon the enemy by aggressive warfare, we could at least 
impress them with the calamities which have thus far been incident to us alone, 
and create in them a desire for that peace which would be mutually advanta- 
geous to both parties. Can this be done without invasion on our part? 

To enable us to adopt this course, the positive action of Congress will be 
necessary. It rests with them to decide. 

By the constitution, the power to call out the militia is given exclusively to 
the Congress; and however great the necessity for calling them out might be 
deemed by the Executive, he would only feel authorized to do so in case of 
actual invasion or insurrection. 

Not having heretofore been an advocate for offensive measures, the Executive 
has looked with peculiar interest and solicitude to the subject — owing to our re- 
cent and present condition. If we could possibly anticipate the establishment 
of amicable relations with Mexico, from the mediation of any power mutually 
friendly, the urgency of the action on the part of the Government would be 
diminished, and we might hope to arrest evils which the conduct of Mexico 
seems to enforce upon us. Our citizens could cultivate their farms in peace and 
grow rich by industry, while the emigration of foreign capitalists to the country 
would add to the material wealth and increase our store of intelligence and en- 
terprise. But from the manner in which offers of mediation have been received 
and treated by Gen. Santa Anna, the Executive is confidently assured, upon the 
highest authority, that Texas can expect nothing from that desire. Being ad- 
monished of this fact, then, we must assume an attitude that will protect us from 
future inconvenience and danger. 

Should the honorable Congress, however, deem it unwise or impracticable to 
invade Mexico, and think proper to place at the disposition of the Executive an 
amount comparatively trifling, with power to establish such regulations rs he 
may think proj^er, he will be enabled to maintain such a force on the south- 
western frontier as will secure it from alarm and danger, unless produced by 
a regular and formidable invasion. 



Repairs and Support of Navy. 303 

The honorable Congress at the last session, though respectfully called on by 
the Executive, refused to indicate any wish or opinion in relation to the naval 
arm of her defense, although at the time it was engaged in foreign service 
unauthorized by law, and unexampled in the history of any other country ; and 
thus was thrown upon the Executive the responsibility of keeping it employed 
without adequate provision or appropriations to meet the necessities of the serv- 
ice — of continuing it in the situation in which it then was, or, when its com- 
mander might think proper to return, of causing it to be laid up in ordinary 
without means for its preservation from ruin. The contract, however, under 
which it was absent at length expired, and it returned at a crisis when it was 
deemed advisable by the Executive to have it, without expense to the Govern- 
ment, refitted and continued in active operation. It is expected that, in a few 
days, the principal part of the squadron will be on the gulf prepared for active 
and efficient service. 

In order to preserve one of the vessels from utter ruin, she has been placed in 
charge of an individual who is bound to refit and equip her for service, and hold 
her in a condition advantageous to the country. The steamship Zavala, though 
reputed one of the best vessels of her class in American waters, for the want of 
repairs and the means of preservation, is now sunk ; but in such a situation 
that, if the Congress desire it, and she is placed at the disposition of the Execu- 
tive with the necessary means, she can be repaired and rendered highly useful 
to the Government. 

I need not urge the high importance of this branch of the public service and 
the necessity of maintaining it at all hazards in 9. state of efficiency. We are 
apprised that all the capacities and energies of our enemy are directed to the 
attainment of naval superiority over us upon the gulf; and unless we are in a 
situation to successfully compete with them, our commerce will be ruined and 
many calamities visited upon us. If our sea-coast is without this means of de- 
fense, we shall be in the most vulnerable condition for attack, and we may 
expect the infliction of wounds from which we could not readily recover. This 
subject and that of our military condition in connection with the report of the 
honorable the Secretaiy of War and Marine, are respectfully submitted for the 
examination and action of Congress. 

The crisis demands the employment of all the wisdom, energy, and resources 
of the nation. To give efficiency to whatever course your honorable body may 
determine to be necessary in relation to our enemy, there must be a requisition 
made upon all our means, and their application must be regulated by discretion, 
and the most systematic and rigid rules ; otherwise, every effort made by us will 
prove abortive and sink us but yet deeper into mistbrtune. At this time of great 
prostration in the financial concerns of the world, we, in common with every 
other people, experience a portion of the general inconvenience. 

The plan presented to the last session of Congress in relation to the revenues 
of the country, was not adopted. It was recommended that the direct tax, as 
then existing, be reduced but one-half; but, instead of that, it was abolished 
— or, what amounts to the same thing, reduced so low as not to compensate for 
its collection. The currency, therefore, created at that session was left to rely 
upon the duties arising from importations ; and, consequently, the demand for 
our issues has been confined to that channel of the revenue. Although but a 
fraction more than one-third of the amount authorized to be issued has been 



304 Houston^s Literary Remains. 

put in circulation, yet, from a want of confidence in the guarantee given for its 
redemption, our exchequer paper has frequently been at a discount of fifty per 
centum. At least one-half the revenue, also, to which the Government is en- 
titled from import duties has not, and will not be collected, unless power is 
given to the Executive, or the head of the Finance Department, to declare and 
establish such ports of entry on the Red River and the Sabine, as may be 
deemed necessary to prevent smuggling and the illicit introduction of goods into 
the country. 

The Government can not exist without a revenue. Its officers and agents 
must be supported. The pittance afforded them at present is utterly insufficient 
for that purpose; and some of the most active and efficient officers have retired, 
and others have notified the Executive of their determination to do so. They 
are totally unable, from their salaries, to obtain the indispensable necessaries of 
life. Without necessary and competent officers, no Government can be properly 
administered. The Executive has found his labors more than twofold greater 
since the commencement of his present official term, than they were during the 
entire period of his last administration — a period of more than two years, when 
he had to organize a Government out of chaos and give it direction. The means 
placed in his hands at this time for the conduct of the Government, does not 
exceed one-sixth of the amount annually allowed to his predecessor for the ad- 
ministration of the civil department. 

The depreciation of our funds and the embarrassment of our currency have 
arisen from various causes ; among which are the repeal, in effect, of direct 
taxation, thereby cutting off an important branch of revenue — the want of 
power to enforce the collection of import duties, and the establishment of the 
warehousing system. To these may be added the failure of the recommenda- 
tion made to the last session of Congress involving, as was conceived matter of 
the highest consideration in the establishment of a currency: I mean the hy- 
pothecation or disposition o'f a portion of the Cherokee country, as a guarantee 
for the ultimate redemption and absorption of the Exchequer bills. 

Had the Executive been authorized to have had surveyed and brought into 
market two hundred thousand acres of those lands, under such regulations as 
he might have deemed advisable, — fixing the minimum price at two dollars per 
acre — the entire amount of Exchequer bills would long since have been with- 
drawn from circulation, and a large amount of gold and silver introduced into 
the country as a circulating medium, whilst the import duties would now have 
been paid in specie. This, too, could have been done without incurring any 
expense to the Government. The cost of bringing into market and disposing 
of the lands could have been defrayed without requiring the advance of any 
means for that purpose. To these causes the present condition of our currency, 
in the opinion of the Executive, may be mainly ascribed, and he would most 
earnestly recommend them to the scrutiny and consideration of the honorable 
Congress, believing, as he does, that the existence of the Government depends 
upon the policy and principles he has laid down. 

Without resources no civilized nation was ever known to exist, and that we 
have ample resources to sustain ourselves no one who will reflect a moment can 
doubt. The extent of public domain owned by Texas and yet unappropriated 
can not amount to less than one hundred and fifty millions of acres — resources, 



Mexican Incwsions, How Hesisted. 305 

in proportion to our population, unparalleled by any other country ; but yet they 
lie neglected and profitless. 

Since the present administration commenced, contracts for colonizing a small 
portion of our vacant territory have been made, altogether more advantageous 
to the Government than any previously entered into. But these contracts can 
prove of no immediate avail to our finances. 

If the Executive had been invested with authority to have disposed of a por- 
tion of the public domain, there is little doubt that it might have been employed 
with great advantage to the present and prospective condition of the currency. 
The policy of husbanding means for the use of posterity can not be justified in 
the present emergency of our affairs. If we are enabled to leave them in 
the enjoyment of independence, and free from pecuniary involvement, it is all 
that we should desire. 

Even supposing our national debt to exceed twelve millions of dollars, our 
means are more than sufficient to pay the whole ; and, in a state of peace, our 
import duties alone would be adequate to defray all the necessary expenses 
of government, without the necessity of resorting to oppressive taxation. Our 
vacant lands can be applied to the liquidation of every farthing of our national 
liabilities, and a large portion still remain untouched. 

A matter of the liveliest interest to the community is the regular transporta- 
tion of the mails ; but, for the want of appropriations by the last Congress, their 
transportation throughout entirely ceased. Communication between the diff'er- 
ent sections, and the circulation of intelligence, have been wholly obstructed. On 
account of this state of things, the Executive has found himself greatly embar- 
rassed in disseminating, as well as receiving, correct and speedy information, for 
he had not one dollar at his disposition for the employment of expresses, even 
under the most urgent circumstances. During the late excitement rumor was 
generally the basis of impressions and action which, as was to be expected, not 
unfrequentiy produced unpleasant consequences in the community. 

Owing to the suspension of the mails, the laws and journals of the last ses- 
sion of Congress have not been distributed, and, it may be remarked that, for 
some cause unknown to the Executive, an important portion of the public print- 
ing has not yet been executed. 

In the recent advance of the Mexicans upon Bexar, apprehension for the 
safety of the Government archives at the city of Austin was so great, that all 
business in the public offices was suspended, and those in charge of thern 
deemed it a matter of prudence and security to secrete the public records in the 
earth, so that if the enemy should advance upon and sack the place, they might 
not be so liable to destruction. 

Under these circumstances, and as soon as the Executive was apprised of the 
condition of the frontier, and of the apprehensions entertained by the inhabitants, 
he immediately directed the archives, and such other property as was portable, to 
be removed to this place. Although the emergency would have justified the 
step without any express authority under the Constitution or laws, yet, in this 
case, he was not driven to the assumption of that responsibility. He acted in 
strict accordance with his powers and duty under the Constitution. He is also 
fully satisfied of the policy, as well as the necessity, of the location of the seat of 
government at some point within the Republic where the archives will be secure, 
and where the functions of the Government can be more efficiently exercised 
20 



306 Ilouston''s Literary Remains. 

than they could be at a point as remote from the seaboard, and as much 
detached from the body of settlements and the mass of population as the city of 
Austin. Should any occasion arise for the concentration of all the effective force 
of the country at some particular point on the frontier, the fact of the location of 
the seat of government at a point so much exposed would necessarily draw 
off considerable strength from the action, and perhaps more valuable service in 
another quarter, to guard the archives against either Mexican or Indian enemies. 
This embarrassment would be obviated by its location at some interior situa- 
tion, where it would be secure from danger and alarm, accessible to intelligence, 
and convenient for its dissemination throughout the country. During the last 
year, the expense to the Government for transportation to the city of Austin, 
over and above what it would have been to any point on the seaboard, 
exceeded seventy thousand dollars; and the extra cost of transportation of the 
mail, aside from all other expense and inconvenience attending its remote 
and detached situation, amounts to many thousands more. 

If we are to remain in our present unsettled condition, it is of the utmost im- 
portance that the seat of government be established at some point convenient 
for the speedy and efficient transaction of the public business. 

From the insecurity of the public records, the Executive was induced to the 
adoption of the course which he has pursued; and it being in accordance with 
the dictates of the Constitution and his own judgment, he sees no reason to re- 
voke the decision, or yield to the illegal resistance which has been offered to the 
execution of his orders by an association who constituted them.selves a commit- 
tee to contravene and obstruct the performance of his constitutional duty. 

Unfortunately for the peace and the welfare of the community, no law has yet 
been passed defining the offense of insurrection. In view, therefore, of the con- 
dition of things as they have existed, and to some extent still exist, it is hoped 
the attention of Congress will be directed to this subject. Whilst persons are 
permitted to resist the laws in existence, and to act with impunity in open de- 
fiance of them, obstructing the civil functionaries of the Government in the dis- 
charge of their legal and constitutional duties, the rights of individuals must be 
sacrificed, their lives and persons rendered insecure, and anarchy triumph over 
order. The Congress has the power of remedying these evils by the enactment 
of necessary and salutary laws, the omission to do which can not have any 
other effect than to license and increase evils already existing to an alarm- 
ing extent. 

It is to be hoped that, under no circujnstances whatever, will the courts 
of justice be suspended in the exercise of their appropriate jurisdiction, but that 
they will maintain their influence by holding their regular sessions, and being at 
all times prepared to punish those who may violate the laws. In the opinion of 
the Executive, nothing is better calculated to strengthen the social and political 
bonds which should unite the members of a community, one with another, than 
the maintenance of an able, honest, and independent judiciary. If the Con- 
gress resolves upon the prosecution of active war, it might be well, where indi- 
viduals were actually engaged in the service, to suspend civil process as to 
them, so long as t!<iey are absent in the discharge of pulilic or official duty, 
but no longer. 

In thus discharging the duty which this occasion has devolved upon me, 
I have submitted for your consideration what I conceived of the highest 



Failures in Legislation of Texan Congress. 307 

interest to the Republic, and in the prosecution of your labors you have my 
earnest desires that they will be conducted by intelligence and influenced by 
wisdom, to the attainment of such objects as will afford encouragement to every 
patriot, and redound with eminent advantages to our country. 

Sam Houston. 



"1 
GENERAL MESSAGE TO THE SEVENTH CONGRESS OF THE 
REPUBLIC OF TEXAS. 



.} 



Executive Department, 
Washington, December i, i8. 
Gentlemen of the Senate and of the House of Representatives : 

Circumstances, involving the general interests and condition of the country, 
have induced an earlier call of the honorable Congress than was anticipated. 
During our existence as a people, no deliberative body has ever been convened 
under more interesting and important circumstances ; nor do I believe it will 
ever devolve on any assembly of men to act upon subjects of more vital impor- 
tance to their country and mankind. 

Since the commencement of legislation in Texas, as a separate and inde- 
pendent power, we find the proceedings of Congress but too frequently charac- 
terized by acts of selfishness and partiality. The public good has but too often 
been disregarded, and the national interests left out of view ; and thus, without 
establishing any general principle or system of legislation, temporary expediency 
has been substituted for a due consideration of the public good. Under this 
state of things, it is but true, that the nation has been gradually declining. In- 
stead of deriving advantages and facilities from the lapse of time, its decline, 
since the year 1838, to its present point of depression, has been regular and 
more rapid than perhaps that of any other country on the globe possessing the 
same natural advantages. Frocn possessing 'a currency nearly at par, with a 
circulating medium but little more than half a million, and with a credit un- 
paralleled for a country of its age, we find ourselves in a condition utterly desti- 
tute of credit, without a currency, without means, and millions in debt. In- 
stead of improving from an increased immigration, the introduction of wealth, 
and the improvement of our social condition, we discover that a want of confi- 
dence at home and distrust abroad are impediments which" have to be counter- 
vailed before our prosperity can be advanced. 

Very few congressional enactments, it is believed, will be necessary at least to 
arrest the evils, if not to produce for and to place Texas, once more, in an attitude 
cheering to the patriot and creating confidence throughout the land. Our ex- 
ternal difficulties, if managed with propriety, are of less magnitude than they 
have been regarded ; and no country on the globe can boast natural advantages 
and facilities comparable to those of Texas. We possess every needful re- 
source of competency, wealth, and national independence. To develop these, 
and convert them to the benefit of the nation, will require but little legislation ; 
and that course of policy adopted to this end should be pursued by the function- 
aries of the Government. 

The chimera of a splendid government, administered upon a magnificent 
scale, has passed off, and left us all the realities of depression, national calamity, 



308 Houston's Literary Remains. 

and destitution. The lessons of prudence and economy which experience has 
inculcated should not be lost, but rendered available, that some of the evils in- 
curred may be remedied whilst others may be averted. 

Although we have an enemy upon our frontier, and are not in a situation to 
retaliate in such manner as our disposition would urge us to do, and to carry war 
into their territory; yet, if our resources are carefully economized and properly 
employed we can render their predatory warfare harmless. Instead of permit- 
ting ourselves to be excited and irritated, so as to vanquish ourselves by dis- 
orderly rallies to the frontiers, we have it in our power to m.aintain a force suffi- 
cient, under regular discipline, to secure us against serious aggression, and de- 
ter the enemy from repeated incursions. As it has hitherto been, the people 
have rushed to the frontier on the first alarm given of the enemy's approach. A 
want of discipline and subordination was the consequence ; and after consum- 
ing the substance of the frontier settlers, they have returned to their homes, 
leaving behind them an exhausted country; and, for the want of order and dis- 
cipline, have permitted the enemy to escape without chastisement. 

When alarms have been given, instead of apprising the Executive, through the 
department of war by express, and giving notice to the several counties on the 
frontier, whose duty it was to hold their militia in instant readiness, they have 
appealed directly to the citizens and invoked their aid, with whom concert of 
action could not be expected. The consequence was, that the Executive, upon 
the receipt of this irregular information, issued the proper orders ; but owing to 
the delays incident to a want of effective organization in the militia, celerity 
could not be given to the movements required ; and the enemy, after having 
produced great excitement, effected their retreat. These circumstances caused 
a campaign to be projected by individuals, not functionaries of Government, 
without first having obtained the advice and sanction of the Executive — they 
pledging ample supplies for those who should engage in the campaign to the 
Rio Grande. Whatever the opinions of the Executive under these circum- 
stances may have been, aware that the opinion prevailed that it was practicable 
by private means, to conduct a campaign, and having ordered out such of the 
militia as would have it in their power to reach the frontier before the season 
would be too far advanced to meet the emergency which had but recently ex- 
isted, he determined to give all the aid, efficiency, and direction to the patriotic 
ardor of the people that the means in his power would permit. But it is im- 
possible that campaigns can be either projected or conducted with success or 
advantage to the country, unless under the auspices of the Government. In- 
dividuals can not know the situation of our relations, either foreign or domestic. 
A campaign may be designed by the Government for the purpose of effecting a 
particular object ; for instance, a surprise of the enemy. It may require all the 
resources of the country, the greatest secrecy, and that the whole force of the 
country should be in readiness to act in concert so as to effect the design. If 
individuals assume the right of projecting campaigns, they are liable, not only to 
thwart the designs of the Government, but, by a diversion of a portion of its 
means, bring on disaster and insure the greatest calamities to the country In- 
deed, it has not been unfrequent upon the frontier to project and conduct cam- 
paigns without reporting to the proper department any fact or circumstances 
connected with them from beginning to end. PjdHc stores and munitions of 



Force Needed on the Mexican Frontier. 309 

war have also been applied in this way without the sanction or even the knowl- 
edge of the Government. 

At the commencement of the present administration, it was the earnest desire 
of the Exect/ltive to be enabled by acts of Congress to maintain a force on the 
frontier, amounting to from one to two hundred men. Could this have been done, 
he remains satisfied and confirmed in the opinion that the recent calamities and 
annoyances upon the frontier would not have occurred. Less than one-fourth 
of the amount which the incursions of the enemy have cost the country and the 
frontier citizens would have sustained the force requisite. Unless something can 
be done to prevent the system of molestation practiced by the enemy, it will 
cause Texas to subdue herself. If the whole country is to be agitated and called 
from their homes at the appearance of a few hundred rancheros, who can make 
a display, on our frontier and again recross the Rio Grande before our citizens 
have left their homes, a few only having rallied, in numbers sufficient to jeopard- 
ize themselves without effecting any useful object, we can never hope for security 
to our frontier or tranquillity to its citizens. If it is impossible to maintain such 
a regular force, as would be adequate with the present means of the Govern- 
ment, it is at least within the power of Congress to enact such laws as will 
compel the requisite number of militia to be fuinished by draft from the coun- 
ties as will meet the necessities of the frontier. In this way we have the means 
of giving protection to that interesting portion of our countrymen, who have 
adventured to the West and South. And the Executive continues to regard it, 
as he has ever done, of vital importance to the citizens. They have taken their 
position on the frontier and sustained themselves under every disadvantage. 
They have claims upon the sympathies as well as the protection of the country. 

No doubt can now be entertained that the prime object of the enemy is to 
molest our frontier and harass and annoy our seaboard. To use such pre- 
cautions as their policy will enjoin upon us, should be equally the primary 
object of the honorable Congress. Should assurances of undoubted character 
have been given that the enemy are strengthening themselves by water, every 
means should be employed, and precaution taken, to render abortive any attack 
which they might make upon our seaboard. The Port of Galveston is now in 
a condition of defense more efficient than could be expected when we take into 
view the means placed at the disposition of the Government, and the necessity 
of relying mainly upon the contributions and labor of the citizens of that place. 
Col. George W. Hockley, an officer of skill and great efficiency, was appointed 
Acting Colonel of Ordnance by the Executive, and assigned to the duties of 
engineer and ordnance officer for that station, to continue during the emergency 
which enforced the necessity of his appointment. 

For the want of means, every possible embarrassment has been presented to 
the administration. Texas, in truth, presents an anomaly in the history of 
nations ; for no country has ever existed without a currency, nor has any Gov- 
ernment ever been administered without means. The transition from a state of 
things, where unrestricted and unlimited extravagance prevailed and disburse- 
ments were made without appropriations by Congress, to a state of things 
where we are without means, without appropriations, and without disburse- 
ments, is well calculated to bring odium upon the administration of the Govern- 
ment, unless examination is made into the causes which have led to its situation 



olO Houston^ s Literary Remains. 

and the circumstances which have involved it in its present unfortunate 
dilemma. 

Aware of the attitude in which the country must be placed, the present Ex- 
ecutive, upon coming into office, recommended such measures of finance as he 
Was satisfied would, to some extent, relieve the existing embarrassments, and 
eventually extricate the country from its involvements. The system recom- 
mended was not adopted. The issue of Exchequer bills, the representative part 
of the system, was adopted ; but the foundation of the issue was not regarded. 
Authority to hypothecate the Cherokee lands, or to make sale of them or any 
portion thereof, was omitted to be given. The collection of the direct tax was, 
also, postponed for six months after the usual period for its collection ; and the 
Exchequer bills of necessity referred for redemption to imports and licenses 
alone. The excitements in the country have prevented importations ; and per- 
sons owing their license tax have refused to pay. The process of collection is 
so tedious that unless some prompt remedy is devised by Congress, it is useless 
to regard such tax as a source of public revenue. The Exchequer bills being 
thus left dependent upon import duties for their redemption — no other demand 
existing for them — depreciated, and at one time were worth in market but 
twenty-five cents on the dollar, though the whole amount issued up to this time 
is only about one hundred and twenty-five thousand dollars, and the amount 
now in circulation can not by possibility exceed thirty thousand. Had the 
requisite authority been given for the hypothecation of the Cherokee country for 
the redemption of these bills, and had the time for the collection of the direct 
tax not been postponed, and the license tax been collectable, and the ware- 
housing system been abolished, it is believed a sum more than double the 
amount of two hundred thousand dollars could have already been brought into 
the treasury. 



At the extra session in June last, a law was passed authorizing the Executive 
to have surveyed and brought into market four hundred thousand acres of the 
Cherokee lands, but under such restrictions that they amounted to a prohibition. 
Competent surveyors, after contracting tor the execution of the work, declined 
its prosecution, having been assured that such hindrances would be interposed 
as would render their efforts, if not abortive, at least unpleasant. For the pur- 
pose of placing this subject at rest in future, and that the just may not be preju- 
diced any longer in its interests, there will be laid before the honorable Congress 
at an early day an opinion of the Attorney-General which for ability, clearness, 
and conclusion must place the question of right in the Government forever at 
rest, and enable the Congress to adopt such measures as will convert some of 
the most valuable resources of the nation into means ; and have a tendency, 
with other measures, to sustain further issues, if needful, under the Exchequer 
law, to an extent double that now authorized to be issued. It is recommended 
to the honorable Congress that a law be passed prohibiting the circulation with- 
in the limits of the Republic, of the notes of all foreign banks, and that all 
individual and corporation notes intended for circulation as currency in the 
Republic be suppressed ; and that engraved Exchequer bills of denominations 
ranging from twelve and a half cents to one dollar, and from one dollar to one 
hundred dollars, be issued and made receivable for all dues to the Government, 
except those arising from imports and tonnage; and that these latter be receiv- 
able in nothing but gold and silver. That the Exchequers can be sustained by 



Failure in Collection of Revenue. 311 

a course of this kind, there can be no doubt. Up to this time, none of them 
have been husbanded but for the purposes of paying duties. The demand will 
be greatly increased, and as soon as the taxes are collected they will become 
an object of procurement. If prudence is observed in their issue, the whole 
amount now authorized would not be sufficient to pay the direct taxes, and that 
deficit must be made up in gold and silver. It is impossible, under these cir- 
cumstances, that the money should not be at par — from the time that taxes are 
collectable, as the demand would be greater than the amount in circulation to 
meet it. According to the amount of circulating medium in the United States, 
estimating our population at one hundred thousand souls, our circulation ought 
to be six hundred thousand dollars, or six dollars for each individual. Supposing 
this data to be correct, a circulating medium of one-third of that sum would, 
from the force of circumstances, sustain itself at par, controlled by the absolute 
wants of the countty. I view the subject of the finances of the nation as of 
vital importance to its existence, and that they can be sustained in a sound and 
healthy condition, the Executive entertains not a doubt. 

To enforce the collection of the revenues is also of the highest impor- 
tance. The enactment of laws without their enforcement is of no avail to 
the country. If resistance is made to the constituted authorities, of what avail 
are enactments on paper without the means or the power to punish ? It is the 
duty of Congress to enact such laws as will enable the Executive to com- 
mand the power commensurate to their execution. Resistance to the con- 
stituted authorities, and to the laws of the land, is one of the most flagrant 
offenses that can be committed against society, and is entitled to no milder 
appellation than that of sedition or rebellion. The Constitution has declared 
these offenses, but has not prescribed a remedy for the punishment of oiTenders. 
That power is delegated to Congress. The attention of the honorable Congress 
has, therefore, been called to it, and salutary enactments requested. They are 
now urged as indispensable to the public safety and the execution of the laws. 
The law has delegated to the President the power to call out the militia to sup- 
press insurrection, without giving any definition to the crime, or authorizing the 
infliction of any adequate punishment. No tribunal is appointed for the trial of 
the offense. Instances have occurred within the last three years of a character 
well calculated to enforce a conviction upon the mind of every patriot that the 
offense should no longer be disregarded or the delinquents unpunished. Our 
prosperity as a nation depends upon the security of life and property being guar- 
anteed to the peaceful citizen, and the punishment of those who disregard the 
letter and spirit of our social compact. When men take the laws into their own 
hands, or undertake to construe the Constitution in derogation of the constituted 
authorities of the land, it manifests a diseased condition of the body politic, and 
demands of the law-making power the prescription of a remedy, whilst the 
Executive, by his oath, is bound to enforce it. The punishment of offenses 
ought to " be as prompt and summary as the nature of our institutions will 
admit. The reason is manifest. There are not jails and prisons in the country, 
for the confinement of the accused, nor are the several counties in a situation to 
pay a tax sufficient to ensure the safe-keeping of culprits." 

Our foreign relations have undergone no material change since the last Execu- 
tive communication to the honorable Congress, with the exception of the 
exchange of ratification of the treaties of Great Britain. No mformation has 



312 Houston's Liter ary Remains. 

been received in relation to the mediation of that power between Texas and 
Mexico. It is hoped, however, that before the adjournment of the present ses- 
sion it will be in the power of the Executive to submit to the honorable Congress 
important information embracing that subject. A treaty of amity, commerce, 
and navigation has been negotiated by our minister, the Hon. James Reily, with 
the Government of the United States. The treaty not having yet been received, 
it will not be within the power of the Executive to submit it to the honorable 
Senate for their consideration as early as he anticipated. Its arrival, however, is 
daily expected. 

Nothing is better calculated to present the deplorable financial condition 
of Texas than the situation of our post-office and mail establishment. For the 
years 1840 and 1841, not less than one hundred and ninety thousand four hun- 
dred and seventy dollars in promissory notes, besides four thousand two hun- 
dred and fifty-eight dollars in Exchequer bills, were appropriated to sustain the 
establishment. For the service of the present year. Congress appropriated only 
five thousand dollars in Exchequer bills, without making any allowance for their 
depreciation, nor did they leave any discretion with the Executive to sustain this 
important branch of the Government. Texas, at this time, furnishes the singu- 
lar fact of a government without the means of conveying intelligence, or distrib- 
uting the laws throughout the Republic. It is, doubtless, the only community 
on earth at this time, purporting to be a nation, that is similarly situated. 
Instead of inquiring into causes which have produced this state of things, and 
the reasons which enforce them upon the country, it is imputed to the delin- 
quency of the administration. It is for Congress to determine whether means 
can be devised ; and if they can, whether they will be employed in sustaining the 
mail establishment. There is reason to believe that the proceeds arising from 
a well-regulated mail establishment would go far towards defraying the expenses 
incident to its maintenance. The diffusion of general intelligence throughout a 
country like ours, subject to the frequent causes of excitement on the frontier, is 
of great importance. The ready circulation of intelligence would prevent much 
confusion and commotion throughout the country, and enable the Executive to 
command the means of its defense with some degree of certainty ; whereas, he 
has had to rely alone upon the procurement of expresses, without the means at 
his command of even defraying their expenses while in service. When, indeed, 
he could obtain them at all, they had to rely upon the future ability of the Gov- 
ernment for compensation. A free government can not exist without mails. At 
the called session in June, the attention of the honorable Congress was most 
earnestly invoked to this subject, but met with no favorable response, and has 
therefore remained neglected up to this time for the want of means, though, 
with great exertions, some of the principal routes have been partially 
maintained. 

Another subject of some importance in the present crisis I deem it my duty to 
present to the honorable Congress. In the month of March last, during the in- 
cursion of the enemy, under the provisions of the Constitution, the President felt 
it to be his imperative duty to order a removal of the archives and heads of de- 
partments from the city of Austin to a place of safety. As to the propriety and 
necessity of the act, no reasonable doubt could exist. The Constitution declares 
that the President and heads of departments shall remain and keep their offices 
at the seat of government, unless removed by the pernussion of Congress, 



Removal of Archives Illegally Resisted. 313 

" or unless in cases of emergency, in time of war, the public interest may 
require their removal" 

That this emerg-ency did exist to a most palpable extent is demonstrated 
by the fact that, for temporary security, the archives were buried, with a view to 
secure them from injury. The Executive, in accordance with this information, 
ordered their immediate removal to the city of Houston as a place of undoubted 
security. Agents were ordered to provide transportation, so as to effect it with 
the greatest dispatch, and to secure the public arms and stores which were 
at that point, and which have since sustained much damage and loss by their 
non-removal. The President considered that he was the sole judge of the emer- 
gency requiring their removal. Resistance, however, has been offered and con- 
tinued up to the present time. Acts of the most seditious and unauthorized 
character have been perpetrated by persons styling themselves the " Archives 
Committee," positively refusing obedience to the orders of the Executive, and re- 
fusing to permit individuals to remove from that place with their effects unless 
a passport was granted by some member of said committee. The Executive felt 
a reluctance to have recourse to such measures as would have enabled him 
to carry out the provisions of the Constitution. During the late incursion of the 
Mexicans, the Executive has been informed that a prominent individual made 
application to call and select such papers as he deemed of importance, for the 
purpose of conveying them to a place of safety. The Commissioner of the 
General Land Office, anxious to secure the archives in his charge from injury, 
attempted their removal, but his authority was resisted — the committee pro- 
posing to remove them, but at the same time to retain a supervision of them, 
and to designate the point to which they were to be removed — thereby clearly 
conceding the insecurity of their present situation, and assuming to themselves 
the power of resisting the constitutional authorities of the country, and inter- 
fering with the constitutional right and duty of the Executive. The causes 
which at first existed under the provision of the Constitution for the order 
for their removal by the Executive still exist with undiminished force. This 
flagrant violation of all civil rule inculcates the indispensable necessity of some 
Congressional enactment for the purpose of suppressing insurrectionary acts 
toward the authorities of the country. If individuals are permitted to associate 
themselves into bodies for the purpose of resisting the Constitution and laws of 
the country, the laws cease to be operative. The salutary provisions of the Con- 
stitution are nugatory, and rebellion and anarchy take their place. The reasons 
for the removal of the archives from the city of Austin still existing, it was 
deemed most proper to convene the Congress at this point. The subject 
was laid before Congress at the late extra session, and no definitive action took 
place. In addition to the fact that the Supreme Court had been, by law, 
recently removed to the town of Washington, and the removal of the archives to 
the same place would be attended with no public expense, the Executive regard- 
ed it as, in many respects, under existing circumstances, the most eligible, safe, 
and convenient location for the seat of government. 

The Executive has been informed that public arms, and other Government 
property of much value, and which would be of great convenience in our present 
circumstances, are distributed in various parts of the country, having been ap- 
propriated by individuals to their private use, which they refuse to give up incom- 
pliance with the orders of the Government. It is therefore suggested, whether 



314 Life of Sam Houston. 

it would not be proper to invest the Executive with authority to enforce the col- 
lecUon of the same, that it may be applied to the pubHc benefit. 
'€^ While presenting subjects to the consideration of your honorable body, of 
\ vital importance to the nation, our Indian relations will be entitled to at least 
"secondary estimation. Soon after the commencement of the present adminis- 
tration the President, anxious to renew that course of policy which he was sat- 
isfied could alone give peace and security to the frontiers, availed himself of 
every means of information upon the subject, and from assurances of the Indians 
themselves, as well as officers of the United States Government employed in the 
Indian Department, he was satisfied that a sincere disposition toward peace 
was entertained by the Indians. He accordingly dispatched Commissioners to 
the east of Red River (whither the Indians of Texas had generally retired with 
their families, and from whence they sent out war parties to the frontiers of 
Texas) for the purpose of establishing amicable relations. They met the Indi- 
ans, and entered into negotiations with them, with the ulterior arrangements to 
meet again on the Brazos at the Waco Village, as the Commissioners under- 
stood it, in the month of October last. The Commissioners attended, but, 
owing to some cause, the Indians were unable to attend. Some difficulties in- 
tervened at the time of the formation of the treaty east of the Red River. The 
principal ground on which it was believed the Comanches would not enter into 
a treaty or adventure themselves to a council arose from the circumstances at- 
tending the unfortunate affair which occurred in Bexar in the Spring of 1840, in 
which they lost many of their principal chiefs, after they had received a solemn 
invitation to come in and establish friendly relations. It was alleged that they 
were yet ciying for their kindred, and that the clouds of sorrow yet rested upon 
their nation, because their chiefs were no more, and they had not the light of 
their counsel to point to the path in which they should walk. Other tribes who 
had been friendly with the colonists of Texas, and had always been friendly and 
commercial with the first settlers of the country, though they had occasion to 
deplore many circumstances, were nevertheless anxious to return with their 
women to where buffalo were abundant, and where they could obtain subsist- 
ence for their families, live at peace with the citizens of Texas, and carry on 
■ trade, and maintain friendly intercourse. 

The Government of the United States has indicated a willingness to guaran- 
tee peace and maintain the treaty stipulations which may be entered into on 
the part of the Indians, provided Texas maintains good faith on her part. That 
friendly relations can be established there is no doubt, and messengers are now 
out among the various tribes for the purpose of ascertaining the particular rea- 
sons why the chiefs of the several tribes did not meet our Commissioners at the 
Waco Village ; and the Executive will not be remiss in the^ proper appliance of 
whatever may contribute to the achievement of our object, so truly desirable to 
the interests of the country. It has not been to him a matter of much aston- 
ishment that the chiefs did not attend. The season has been one of unprece- 
dented character. The high waters, the inclemency of the weather, and the 
range of the buffalo being further south than is usual at this season of the year, 
would interpose difficulties to the attendance of the Indians that seem to be 
quite satisfactory for their absence. If a treaty is once concluded, and good 
faith maintained on the part of the people of Texas, there can be no doubt that 
friendly relations will be maintained with the Indians'. When only a few hun- 



Cause of Indian Depredations. 315 

dred families existed in the colonies Texas had friendship and commerce with 
the border tribes. Those who engaged in the commerce found it profitable, 
and but few interruptions took place between the whites and the Indians. Since 
then causjs have arisen that have broken off all commerce, and such has been 
the exasperation of feeling on the part of the Indians that there was no medium 
by which they could be approached, unless through tribes resident within the 
limits of the United States, or the Indian agents of that country. The fact of 
all the commerce of the Indians with Texas ceasing would induce them to seek 
a market for their spoils acquired by depredations committed upon our citizens. 
This they could readily find at trading houses on the Red River, and with the 
various tribes in friendship with the United States who could furnish them arti- 
cles obtained from the United States traders, who would regard it as a fair traf- 
fic. The border Indians having secured their wives and children beyond the 
limits of our territory, were incited to continual outrage on our citizens, and 
regarded us as irreconcilable enemies to them. Extermination of all Indians \ 
within our borders having been announced by the former Executive upon his 1 
coming into office, they viewed every act of hostility on their part as one of y 
retaliation, and their hostility having nothing of mterest to counteract or restrain 
it, has exposed the frontiers of Texas to continual depredations. Let peace 
once be made wiih them, let them realize that they can obtain such articles as 
they require within the vicinity of their families and hunting-grounds, maintain 
good faith on our part, and they will at once perceive that their interest is to 
remain at peace and in commerce with us ; that their women and children may 
remain secure in their wigwams, and renew their agriculture. Their warriors will 
be changed into hunters ; and should they entertain a passion for war, its theater 
will be distant from their families ; they will find new enemies to make war 
upon, at least as profitable as Texas; and we shall enjoy the benefits of a lucra- 
tive commerce, and become the recipients of the fruits of their enterprise, 
whilst our citizens will enjoy security, and our frontiers exemption from alarm.^/ 

All the information within the control of the Executive will be submitted to 
the honorable Congress in the progress of the session. 

Gentlemen, that your deliberations may be attended with the most salutary 
benefits to the country, and that in its present depressed condition it may derive 
under a munificent providence essential aid from the exercise of your patriotism 
and wisdom, is my most fervent desire. 

Sam Houston. 



GENERAL MESSAGE TO THE EIGHTH CONGRESS OF THE 
REPUBLIC OF TEXAS. 



Executive Department, 
Washington, December 12, 1843. 



Gentlemen of the Senate and of the House of Represent A;rivES: 
It affords me pleasure to greet you as the representatives of the nation, and to 
felicitate you upon the present promising aspect of our affairs. Abroad we are 
at peace with all the world ; at home plenty fills the land. Our population is 
increasing, and our settlements rapidly extending. 



316 Houston's Literary Memains. 

In augmenting and securing permanently these blessings to the country I 
confidently rely upon your intelligent and patriotic co-operation. I rejoice that 
you have it in your power to aid the Executive in pursuing such a policy and 
perfecting such measures as may redound to our present and future prosperity. 

At the commencement of the present administration, as all will recollect, the 
country was in a troubled and embarrassed condition. Our relations with 
Mexico were of the most annoying, hostile, and unpleasant character. No pros- 
pect of an amicable adjustment of existing difficulties appeared. Hundreds of 
our citizens were prisoners, and in chains; our navy was subsidized to a revo- 
lutionary portion of that country, and the enemy meditating and making incur- 
sions within our limits, and executing every annoyance upon our border inhabi- 
tants. As a nation, we were without a currency, without credit at home or 
abroad, and without mails to disseminate intelligence. Our resources could not 
be rendered available, and by this chain of untoward circumstances our citizens 
were despondent as to the future ; and those governments with which friendly 
relations had been established regarded our condition with apathy. We seemed 
to stand surrounded with difficulties, and without power or expedients to redeem 
us from the thralldom. 
/" In addition to all this, the various Indian tribes upon our frontier, extending 
I from the Red River to the Rio Grande, were hostile. Their frequent inroads 
upon our adventurous and enterprising settlers had been attended with many 
melancholy scenes of blood. The husband and the father being dead in the field 
which his industry had opened, and his wife and children carried into a cruel 
captivity, were almost daily occurrences in our border neighborhoods. There 
was not a cent in the coffers of the Government, whereby it might afford relief 
/ to our people thus exposed and suffering. 

These circumstances naturally deterred emigration, and spread abroad dis- 
trust in the minds of the public as to the willingness of the Government to 
afford protection which the condition of the frontiers so imperiously demanded. 

This want of confidence deprived us of many a strong arm for the sword or 
the plough, and prevented the introduction of capital so necessary to the speedy 
development and increase of our national wealth. 

Our situation is now different. For more than a year past we have experi- 
enced no annoyance from our Mexican adversary. The great powers which 
have recognized our independence have evinced by their endeavors to bring 
about a friendly and permanent adjustment of our difficulties with Mexico the 
most lively and efficient solicitude. 

In accordance with the desire of this Government, made known to the Gov- 
ernments of the United States, France, and Greht Britain, that they should so 
far inter[)ose as to prevent the mode of aggression practiced against us by 
Mexico as being repugnant to the genius of the age ; they have given us the 
kindest assurances that they would employ their good offices in a manner coii- 
sistent with the friendly relations in which they stood to the contending parties ; 
and, if possible, by changing the mode of warfare waged by Mexico, divest it of 
many characteristics incompatible with the practice of civilized belligerents. 

The uniformly active and friendly offices which Her Britannic Majesty's Gov- 
ernment has, at the earnest request of this, interposed between Texas and 
Mexico can not fail to be regarded as highly gratifying evidence of its generous 
and friendly disposition, and of a sincere and disinterested desire to produce 



England'' s Interposition with Mexico. 317 

results as far as may be compatible with the relations subsisting between 
Great Britain and Mexico, in complete accordance with the assurances wbich 
have been given. Nor has the Executive any distrust that all the professions 
on the part of Her Britannic Majesty will not be efficiently fulfilled. 

In the month of June last, a dispatch from the Charg6 d'Affaires of Great 
Britain near this Government announced the willingness of Mexico to proclaim 
an armistice, and suspend all hostile action in case the same policy should be 
adopted by ihis Government. Under these circumstances, the Executive did 
not hesitate to meet the proposition and embrace the policy indicated. He ac- 
cordingly issued his proclamation declaring the establishment of the armistict ; 
and commissioners were subsequently appointed, and dispatched to the point 
designated for the purpose of arranging with the Mexican commissioners the 
terms of the armistice preliminary to further negotiations for peace at the capi- 
tal. Since their departure the Executive has received no important intelligence 
from them, but confidently expects, during the present session of the honorable 
Congress, to be able to lay before them some account of the progress of the 
mission. He is satisfied that nothing will be wanting on the part of the gentle- 
men chosen for that service to forward an object for which their patriotism and 
qualifications seemed to point them out. The Executive has no disinclination 
to an honorable peace; and he hopes that Mexico, like Texas, will be disposed 
to put an end to a protracted war, the further continuance of which can only 
prove detrimental to both. As far as a frank, sincere, and upright policy will 
go in the attainment of an honorable and permanent peace, it shall not be want- 
ing on the part of the Executive, whatever might be the advantages anticipated 
from a continuance of the contest with the increased population and resources 
of this country. That Mexico will evince the same disposition, and avert the 
evils of war by a mild and pacific policy is, I am quite sure, desired by the 
mutual friends of the two countries. If peace can once be established, the com- 
mercial intercourse of the people of both could not fail to create that state of 
feeling which would soon obliterate the recollection of past conflicts, and cement 
the two nations together by all the ties of the most agreeable understanding. 

A further prosecution of the war could have no other effect than to insure 
the destruction of human life, the consumption of resources of both parties, 
and the demoralization of their national character. The wisdom and policy of 
the statesmen of the present day are repugnant to war and bloodshed. In this 
respect the social and political feelings of civilized nations seem to have under- 
gone a revolution. Governments that heretofore sought to increase by every 
means the number of their triumphs, and embodied their national glory in the 
number of their victories, are now yielding to the policy and dictates of peace ; 
by which intelligence is advanced, national wealth increased, and the moral 
tone of society improved. 

Immediately upon the receipt of authentic intelligence of the capture of our 
men at Meir, the Government adopted such measures as it was hoped would 
preserve their lives and restore them to liberty. Letters weie addressed to the 
friendly powers upon this subject, soliciting their prompt and efficient interpo- 
sition. But, although remonstrances were made by the British and American 
ministers at Mexico, and although the greatest expedition was used, their inter- 
position did not prevail until some of our brave men had been consigned to 
destruction. The fact that individuals associated with Gen. Somervell's com- 



318 Houston's Literary Hemains. 

mand at Lorecio, had perpetrated acts of a most unwarrantable and disgraceful 
character, and such as were not sanctioned by the general sentiment of the 
army, operated as a reason for the expedition and urgency of the Government. 
It was apprehended that so soon as our men fell into the power of the enemy, 
they would retaliate ; and men innocent of all crime or outrage fell victims to 
the faults of others. 

Intelligence was received some time since from Mexico through Her Britannic 
Majesty's minister near this Government, that the supreme Government of 
Mexico was willing to restore all Texans held as prisoners by that Government, 
provided we should pursue a reciprocal course. Accordingly, a proclamation 
was issued restoring all Mexican prisoners to full liberty and tendering them 
free passport and safe convoy to the Rio Grande. A similar proclamation had 
been issued in April, 1837. 

The Government of his Majesty the King of the French continues to mani- 
fest, as it has heretofore, the most friendly disposition toward Texas; and there 
is every reason to believe that its friendly offices will neither be suspended nor 
withdrawn. In confirmation of this, it may be mentioned that the Government 
of the King has expressed the desire and intention of establishing between our 
own ports and those of France, a more direct and convenient intercourse by a 
line of royal steamships. The establishment of this line will have a powerful 
tendency to increase our commerce with that country, and, at the same time, 
afford highly desirable facilities for the transmission of intelligence and for emi- 
gration — both of which are important desiderat.x. These objects have pre- 
sented themselves since the present Executive came into office ; for then our 
relations with France were not of the most agreeable character. He conse- 
quently found himself under the necessity of re-establishing the friendly relations 
which had been broken off by his predecessor, by making reparation for the 
treatment which the Charg6 d'Affaires of the king had received, not in strict 
accordance with the relations which should be maintained with friendly powers 
through their public ministers. 

With the view of extending our friendly and commercial relations with the 
continent of Europe, since the adjournment of the last Congress, a diplomatic 
agent, in the character of Charge d'Affaires to the Netherlands, but empowered 
to form treaties of amity, navigation, and commerce with Belgium and the 
Hanse Towns, has been appointed. Commerce with these latter has already 
opened and is increasing. Several vessels from Bremen, richly freighted with 
merchandise, have visited our ports, and returned laden with the cottons and other 
productions of Texas. The Bremen Senate have also communicated, through 
their commercial agent in this country, a re. olution of that Government declar- 
ing that, upon the adoption of a similar resolution by this Government, commer- 
cial relations shall at once be established between us, upon a reciprocal footing. 
This subject will claim the early attention of the honorable Congress, 

Our minister at Paris has also been furnished with proper powers to open 
relations with the Government of Spain —provided he shall be able to give it, 
in addition to the many other onerous and innportant duties which now devolve 
upon him, his attention. The importance of a commercial treaty with Spain, 
from our contiguity to the rich and prolific island of Cuba, which would afford 
a market for many of our redundant products, would seem to demand early 
exertions to open tiiis intercourse. And, if the means of the nation will justify 



Infraction of Texan Revenue LawR hy U. 8. Citizens. 319 

it, the Executive has no hesitation in recommending that suitable provision be 
made for a diplomatic agent at that court. 

From the commencement of our national existence until within the last 
spring and summer, no circumstance of an unpleasant character has occurred 
between the United States and Texas. It is true that the treaty of amity, 
navigation, and commerce, concluded at Washington in July, 1842, for causes 
unknown to the Executive, was not ratified by the Government of the former ; 
but it is possible that the action necessary to its ratification will yet be taken. 
It may, however, admit of a doubt whether the rejection of that treaty may not 
prove signally advantageous in the end to our citizens ; for it will be recollected 
that, by a comparatively small expenditure, the course of trade may be turned 
from the Red River into our own ports and commercial towns, through the 
medium of a turnpike or railroad and the channels of our rivers. Indeed, it is 
natural always to prefer the least obstructed and most advantageous way to 
market. And the time may not be far distant when a rich commerce, which 
has hitherto found its way to the ocean through the rivers and ports of other 
countries, will be poured into our own, and materially assist in building up and 
supporting our institutions. 

It is with sincere regret that I feel called upon to lay before the honorable 
Congress the fact of an infraction of our revenue laws by the citizens of the 
United States, attended with circumstances of a very unpleasant character. It 
appears that a quantity of goods, ascending Red River, were landed within our 
territory and there stored, without any communication with, and without the 
knowledge of, any of our revenue officers, and when discovered and legally 
seized by the collector of customs, were reclaimed by force, and that officer 
treated in the most harsh and cruel manner. Having been seized and bound, 
his life was menaced with drawn weapons if he attempted to make any resist- 
ance, and he remained in this situation until the goods were reloaded by the 
force in attendance for the purpose of violently reclaiming them. 

In addition to this, I deein it proper to present to the honorable Congress 
some notice of the usage received from the United States officers by a battalion 
of men under the command of Colonel Jacob Snively, who had been out for the 
purpose of making reclamation for the injuries sustained by the members of the 
Santa Fe expedition, and for goods taken from traders sent out by order of the 
President in 1841. 

The command of Colonel Snively had all the official sanctions of this Govern- 
ment necessary to protect them from interference or molestation by the troops 
of the United States, and the Executive entertains not a doubt that they were 
acting within the limits of Texas. They were, however, disarmed by the troops 
of the United States, under the command of an officer of the regular army. The 
alternative presented to them by that officer was, either to march to Missouri or 
attempt, at imminent hazard, a return to our settlements through a wilderness 
infested by large bands of Kiaway and other hostile Indians, with only five guns 
to every hundred men. They were thus exposed to extreme jeopardy, but owing 
to a combination of fortunate circumstances did not become victims. 

The question of how far one friendly nation has the right to invade the 
territory of another, without the most urgent necessity, and interfere with its 
officers and troops acting under authority, is a subject proper for discussion at 



320 Houston^ Literary Hemains. 

this time. These things have been the subject of representations to the Govern- 
ment of the United States, and as a reparation has been asked for the injuries 
and indignities thus inflicted, it does not appear necessary that the present Con- 
gress should take any special action in reference thereto. 

Although officers of the United States Government were concerned in these 
matters of complaint, either before or after their perpetration, the Executive 
can not for a moment suppose that when the facts are presented, with the 
proofs of which they are susceptible, that the Government of the United States 
will withhold that reparation due from a great nation to a power unable to 
coerce a compliance with the rules of justice. The characteristic magnanimity 
of the United States, their immediate neighborhood to this country, and all 
the circumstances connected therewith, induce the belief that speedy and 
ample justice will be accorded to Texas, and all cause of complaint cease 
to exist. 

Through agents appointed by the Executive, the Government has succeedec 
in approaching and concluding treaties of friendship and intercourse with the 
various tribes of Indians inhabiting the territory of Texas, south of Red River, 
with the exception of the kindred bands of Comanches and Kiaways. These 
latter tribes, owing to the occurrences of some few years since, the recollection of 
which was still strong, were disinclined to any intercourse with the Government 
or the people of Texas, and much time and trouble were necessarily required to 
conciliate them so far as to consent to a suspension of hostilities, which, I 
am happy to say, has been done. They have agreed to meet the commissioners 
of the Government for the purpose of concluding a peace. 

Everything has been done, commensurate with the means appropriated by 
Congress, for pacificating and tranquillizing all our border enemies. The three 
commissioners of the Government were for months arduously engaged in execut- 
ing the duties assigned them. Their zeal, ability, and disregard of privation, 
enabled them to triumph over every obstacle that energy and patriotism could 
overcome. With a suitable appropriation, it is confidently expected that re- 
lations of intercourse and friendship with all the tribes, to whose depredations 
our frontiers have been exposed, can be established ; and with some slight 
amendments to existing laws we may look forward to the preservation of unin- 
terrupted peace. It is clear to the mind of the Executive that if good faith 
is maintained on the part of the whites, and the Indians treated with mildness 
and justice, the best protection will be afforded to our frontiers, with all the ad- 
vantages of a lucrative commerce through our traders. Those tribes which de- 
sire to establish habitations and cultivate the soil will find inducements to settle 
near the sources and upon the tributaries of our rivers ; and those who adhere 
to their roving habits will find the prairies sufficiently extensive, far beyond the 
abode of the white man, to furnish them with game for their families ; whilst 
their friendly intercourse with our traders will enable them to engage with more 
facility in the chase. By rendering them dependent upon us for the most essen- 
tial articles of Indian use and consumption, they will find it to their interest 
to maintain peace. Our Government, at the same time, by enacting and en- 
forcing salutary laws, can restrain the whites from aggression, and thus impress 
the Indians with a due sense of our justice toward them. In this way, our 
former enemies may be converted into useful and lasting friends. 



Indian Policy and Currency. 321 

Nothing shall be wanting on the part of the Executive, within the means 
afforded him, for the promotion of a policy dictated by a sense of justice, and 
approved by experience. He is satisfied that it will, if carried out, do more to 
give security to our frontiers than millions expended in fitting expeditions which 
have never resulted in anything beneficial to the country. Instead of the large 
sums heretofore annually expended for the purpose of frontier protection, it is 
believed that the expense of the present year connected with the Indian opera- 
tions of the Government will exceed but little, if any, the sum of ten thousand 
dollars. 

A policy that was once condemned, and opposed with the greatest vehemence 
and its projector and advocate denounced, seems now, from the results which 
have already been attained, to receive that consideration satisfactory to every 
patriot. It has for many months past arrested the tomahawk, rendered useless 
the scalping-knife, and afforded the most remote and exposed settlers on our 
frontier the opportunity of cultivating their fields in peace and reposing in se- 
curity. 

At the close of the last administration the Government came to my hands 
without a currency, as well as without credit, or the prospect of obtaining the 
means for conducting its affairs. It was found to be indispensably necessary for 
the Congress to declare our inability to redeem, at that time, the paper which 
had been lavishly issued, estimated at at least twelve millions. Appalling and 
disheartening as was our situation, a plan for a currency was recommended to 
the representatives of the people for their adoption. The recommendation met 
the concurrence of Congress only in part ; for some of the guarantees essential, 
as the Executive conceived, to restore confidence, and ensure the redemption of 
the new currency, were withheld. And notwithstanding the wants and difficul- 
ties of the Government at that period, the direct taxes were actually greatly re- 
duced, and their collection postponed nearly twelve months beyond the time 
they had usually been paid in. Thus was the Government left to rely solely 
upon the duties upon imports, which from the unsettled state of the country 
arising from rumors of invasion, were very limited. Under these embarrassing 
circumstances the experiment of creating and sustaining the new currency was 
made. The consequence was that the value of Exchequer bills fell as low as 
twenty-five cents on the dollar. And, in addition to the many other impedi- 
ments to be encountered, it seemed to be the private interest of many to depre- 
ciate their value ; and, by promoting their individual advantage, to deprive the 
Government of this slender means of existence. 

By a judicious restraint, however, upon the issues, reducing them much with- 
in the amount authorized by law, a currency has been established, notwithstand- 
ing the hindrances mentioned, and the delinquency of officers entrusted with the 
collection of the revenue. The wise and economical administration of the 
finances of the country by the head of the Treasury, has raised its value to a 
par with gold and silver ; and by the continuance of the same course it can not 
be doubted that the same value can be supported. It is certainly a subject for 
gratulation that the practicability of re-establishing the soundness of our cur- 
rency, and maintaining our credit, has at length been demonstrated. 

It is necessary and proper that the country should be supplied with a circu- 
lating medium. This may be effected by issuing no more Exchequers at any one 
time, than the Government can redeem in gold and silver. It is estimated that 
21 



322 Houstori's Literary Remains. 

but about thirteen thousand dollars of these bills are now in circulation ; and 
there is but little reason to anticipate an emergency while the Government is 
administered upon its present economical system, which would require a larger 
issue than the Government will have it in its power to control or redeem. 

The Executive believes that one of the strongest supports to our currency will 
be the exclusion by law from circulation v/ithin our limits after some given 
period, say three months, all foreign bank paper. Within the last few years, the 
people of this country have sustained frequent and heavy losses by the failure of 
foreign banks, and the depreciation of their paper, as well as from the circula- 
tion of spurious notes, purporting to be issued by banks which never had ex- 
istence. To these may be added the circulation of counterfeits. It is impossi- 
ble for the community generally to judge of the genuine character or real value 
of this foreign currency, and of their liability to be cheated and defrauded by 
every swindler, whether he be the special agent of some broken bank, or a 
dealer in spurious or counterfeit notes. These evils have not been light ; and, 
as it is the right as well as the duty of Government to regulate its currency 
and protect its citizens from imposition and harm, the Executive recommends, 
as the most efficient means of performing this duty, the entire exclusion of the 
bills of all foreign banks. Congress has the undoubted right of inhibiting by 
law counterfeiting and the passing of counterfeit paper ; and they have equally 
clearly the power to inhibit the introduction and circulation of all valueless 
foreign bank issues, or those liable to become so in the hands of our citizens. 

In connection with this, I would also recommend the prohibition and sup- 
pression by statute of every description of paper in the character of bank, indi- 
vidual, or corporation notes issued within the Republic, and intended or used 
for circulation as currency. If the honorable Congress should concur in the 
adoption of this measure, the Executive is convinced, by experience, that it 
would go far to sustain the national currency; and better enable the Govern- 
ment to furnish a circulating medium. 

• The defects in the system now in force for the collection of the revenues are 
of such a magnitude as to require the particular attention of the honorable Con- 
gress. The reliance heretofore placed upon the collection of the direct taxes for 
the purposes of Government has, under the existing system, proved almost 
wholly fallacious. That the Government must be supported, and that those 
who render service to it must be remunerated, all who have an abiding interest 
in the Government will admit. To insure efficient government, or even to sup- 
ply its absolute wants, some system must be devised which will secure the 
prompt and faithful collection of the revenues provided by law. Hitherto, in 
many parts of the country, the most flagrant dereliction of duty has occurred on 
the part of collectors of direct taxes. In several instances sheriffs have failed 
and refused to give bond for the faithful performance of their duties, and for the 
payment to Government of the public moneys received by them. In this way 
there can no longer be any doubt the Government has been deprived of the 
revenues paid by the people for its support, which have been used by unfaithful 
agents for purposes of speculation and private emolument. 

It is believed that this state of things arises, in a great degree, from the mode 
of selecting the collectors of the revenue. Our sheriffs are elected by the people, 
and, as a consequence, are not readily controlled, except through the same tardy 
and uncertain medium. The control of the Treasury Department in the collection 



Charge of Repudiation Unfounded. 323 

of the taxes is thus almost totally destroyed. Were the country laid off into 
convenient collectoral districts, and a collector appointed for each by the Secre- 
tary of the Treasury, and nominated by the President to the Senate, it is believed 
that existing defects might in a great measure be obviated. The collector thus 
appointed, under bonds in amount sufficient to indemnify the Government, and 
with appropriate penalties, would be more directly responsible to the head of 
the Treasury for the honest and faithful discharge of his duties. As it is, that 
department remains, in many instances, ignorant of the very names of the col- 
lectors of taxes until they themselves choose to make their report, and is thus 
deprived of the means of protecting the public interests, and of enforcing in all 
sections of the Republic, as is contemplated by the laws, an equal siipport of the 
institutions of the country. The Executive, therefore, earnestly recommends 
the adoption of this system, believing it will tend to the general welfare, and 
operate impartially upon all our citizens. 

It may be well to allude to a fact which has greatly prejudiced the charac- 
ter of the nation. The charge that we had repudiated our government lia- 
bilities has been industriously urged, not only abroad but at home, as a cause of 
distrust and an accusation of bad faith. Other governments of high respectabil- 
ity have done so. Texas never has, and, I trust, never will. It is true that our 
liabilities were increased to so large an amount, during the administration of my 
predecessor, as to render it not only expedient, but indispensably necessary, to 
defer their payment until the country could so far recover as to be able to com- 
ply fully with all its obligations. The fact that many of these liabilities were in- 
curred for purposes not only not sanctioned by the Legislature, but entirely ille- 
gal and impolitic, has never with me constituted a reason for a refusal to 
pay them at the earliest moment within our power. Notwithstanding the 
mischievous and utterly groundless publications emanating from some of 
our public journals, the good faith of the nation will finally be thoroughly vindi- 
cated by the redemption of every dollar for which it stands pledged. That we 
have not been able to do so before this time has, perhaps, been a fault as well 
as a misfortune ; but nations, like individuals, are sometimes compelled to yield 
to the force of circumstances. 

But Texas has done all in her power, consistent with a due regard to self-ex- 
istence, to preserve, even under these adverse circumstances, the national faith. 
From an examination of our statute-book, it will appear that holders of our 
liabilities have had a fair and favorable chance for secure and profitable invest- 
ment. Our public domain comprises at least one hundred and fifty millions of 
choice lands, which have been, and are now, held subject to the redemption of 
our public debt. The adaptation of our climate and soil to the production of the 
great staples of the southwestern States of the American Union is, perhaps, 
superior to that of any other upon the North American continent. These lands 
may he easily acquired, under existing laws, by all holders of our promissory 
notes, at two dollars per acre. The opportunities thus presented to foreigners, 
or non residents, to become possessed of them, are certainly very desirable. Our 
Constitution inhibits foreigners from holding lands unless the title emanate di- 
rectly from the Government to the purchaser, which would be the case under 
the law alluded to. A large portion of our national debt was created by the is- 
suance of promissory notes at six for one ; that is, at a par value of sixteen and 
two-thirds cents in the dollar, and many of them have been ob ained by the 



324 HoustorCs Literary Hemains. 

present holders at a much lower rate. Hence, the real price at which our pub- 
lic lands may be acquired will not exceed thirty-three and one-third cents per 
acre. 

As a further evidence of the disposition of the Government to comply, as far 
as possible, and as soon as possible, with its engagements, it may be mentioned 
that all land dues and fees for patents, as well as all the taxes assessed previous 
to the last year, large amounts of which still remain unpaid, are yet receivable 
in the promissory notes of the Government. 

From these facts, it must be apparent to all, except the eye of prejudice, that 
Texas has never entertained the design of repudiation. Had such been the case, 
these laws providing for the redemption of our promissory notes would not have 
remained in force. 

The Executive has looked upon the question whether our liabilities were 
legally or judiciously incurred, as one not proper to be examined; but, simply, 
whether the national faith is involved in their redemption. He has, heretofore, 
and will ever continue to, set his face against every measure which may even 
have the appearance of sullying the national character. He sees neither reason 
nor necessity lor deviating trom this course. He is clearly of opinion that our 
public faith should be, and will be, held sacred, and that all our obligations 
will be redeemed to the uttermost cent at the earliest period our means 
will justify. 

To prevent the evil of further involvement to the country, the Executive 
respectfully suggests to the honorable Congress the total repeal of all laws 
heretofore enacted authorizing the negotiation of foreign loans. The action 
under these laws has already been productive of serious detriment; and the 
nation certainly possesses resources within itself of not only sustaining the 
Government, but, as soon as they can be made available, of discharging all our 
outstanding liabilities. 

Notwithstanding an almost total failure in the collection of the direct taxes, 
the revenues of the last two years have been commensurate to the support 
of the Government, upon the rigidly economical scale upon which it has 
been admmistered. For the present year, there will be a surplus in the 
Treasury. 

Although the crops of the present season, owing to the continued rains which 
have fallen during the period when the planter was gathering his products for 
market, will fall short of the calculation at one time made, from the prospect of 
superabundance, yet there is every reason to believe that our exports for 
the present year will largely exceed the imports. And from the best data in pos- 
session of the Treasury Department similar results are anticipated for the 
ensuing year. This can not but be taken as encouraging evidence of our 
growing prosperity. 

The assessments of direct taxes amount to forty-nine thousand, upon which 
only thirteen thousand dollars have been paid in. This fact will satisfacto- 
rily answer the question as to the source whence we must derive means for the 
purposes of government. Had it been reduced to the necessity of relying alone 
upon the direct taxes, it must inevitably have ceased its functions. 

The attention of the honorable Congress has, heretofore, been invoked to the 
subject of devising some method for enabling the officers of Government to en- 
force the laws and execute their duties. To enact laws without giving the power 



jRelations to Mexico and Border Force. 325 

of inflicting punishment for their infraction is certainly a poHtical paradox. The 
Constitution and laws recognize the offenses of treason, insurrection, mutiny, 
and sedition ; but the Congress has never appropriated anything to their 
commission. Resistance to the execution of a law by persons associated for the 
purpose is sedition, and individuals setting themselves up in armed bodies in de- 
fiance of the laws, and with a view of preventing their operation, is insurrection. 
That acts of this character have been committed to no inconsiderable extent is 
well known in the Republic. They have a deleterious effect upon our character 
abroad as a nation, and produce distrust as to our capability of self-government. 
It is within the power of Congress to define these offenses, affix the proper pen- 
alties, and authorize the officers entrusted with the execution of the laws to 
punish oftenders in a speedy and certain manner. It may become necessary to 
our national existence that these things should be corrected ; and it is also due to 
the peaceful and law-abiding citizen that his rights should be protected and his 
person secure under the shield and operation of the law. So long as he remains 
insecure, either in person or property, the strongest incentives to a patriotic 
course of conduct are wanting. The obligations existing between the Govern- 
ment and its citizens are reciprocal. 

As it is impossible to foretell the result of the negotiations now pending be- 
tween this country and Mexico, it is deemed prudent, and the Executive earnestly 
recommends to the honorable Congress, that a sufficient fund be placed at his 
disposal for any emergency that might require the hostile action of the Govern- 
ment. And he would likewise recommend that such laws be enacted as will 
enable him to reclaim the public property and arms which have been from time 
to time issued to individuals, and which are now scattered throughout the Re- 
public. 

He would also further recommend, during the progress of the negotiations 
alluded to, that a force be maintained at such point, or points, on our frontier, 
as may be necessary for preserving order, and suppressing any irregularities or 
disturbances which might arise from the acts of unauthorized persons within 
the territory unoccupied by either of the parties concerned in those negotiations. 
A correct policy dictates the propriety of preventing for the future, as far as 
practicable, the existence of the bands of robbers which have heretofore fre- 
quented that district of country. An estimate of the amount for this service 
will be furnished. 

For the last two years, the officer acting upon our southwestern frontier has 
rendered the most important services to the country — and even more than could 
have been expected, from the limited means appropriated to sustain him. But 
five hundred dollars were given by the last Congress for the support of the force 
under his command. This was totally inadequate ; and debts were necessarily 
contracted which, when the services rendered are taken into view, are of an 
inconsiderable amount, for the payment of which it is hoped the Congress will 
readily make the requisite appropriation. 

The Executive, during the present session, will lay before the honorable Con- 
gress a system of internal improvements, which will embrace the removal of 
obstructions in our rivers, as well as the construction of roads and the erection 
of bridges, the want of which operates as an almost insuperable barrier to the 
planting interests of the country in the transportation of their crops to market. 
The facilities possessed by Texas for works of this character will enable us to 



326 Houston'' s Literary Remains. 

make them with comparatively small cost ; and, by the plan in view, without the 
increase of taxation, or the expenditure of any means necessary to the support 
of Government. 

Reports and exhibits from the several departments accompany this commu- 
nication, and the Executive will always be ready to furnish, with pleasure, 
such information to the honorable Congress as may develop and explain 
the minutest transactions of the administration. The ability, fidelity, and 
economy with which the business of the several departments has been con- 
ducted, leave him no ground for wishing to eschew the examination ; and, on 
his own part, the most rigid accountability. 

The discharge of the duties which necessarily devolve upon the legislative 
and executive departments of Government in the present condition of our 
national affairs, can not fail to inculcate a unity of action, stimulated by a sin- 
cere and ardent desire to promote and advance the only objects for v^hich Gov- 
ernments are instituted. 

That the result of our joint labors may not only meet the expectations of our 
constituents, but that they may add to the general happiness and prosperity of 
the country, is my earnest hope. 

That our country has enjoyed frequent manifestations of the favor and kind- 
ness of an overruling Providence, all must be duly sensible, and it should there- 
fore be our increasing care by acts of justice and uprightness to merit a continu- 
ance of divine favor, without which no people can be happy, and no nation 
gfreat or prosperous. Sam Houston. 



PRESIDENT HOUSTON'S LAST MESSAGE TO THE CONGRESS 
OF THE REPUBLIC OF TEXAS. 



Executive Department, ) /l'^'^ 
Washington, December 4, 1844. ) , 
Gentlemen of the Senate and of the House of Representatives: 



In meeting again and for the last time during my official term, now about to 
close, the assembled representatives of the people of Texas, in their annual 
session, I avail myself of the occasion to congratulate them upon the condition 
of the country, in its foreign and domestic relations, and to join with them in 
unaffected thanks to a propitious Providence for the numerous favors which 
have been vouchsafed to us as a people. We have many reasons to feel grateful 
to that omnipotent arm which has been so constantly stretched out to supply 
our wants and to sustain us in every trial, alike in peace and war. 

As my services as Chief Magistrate must now so soon come to an end, it will 
only be necessary for me to lay before the honorable Congress a succient view ol 
the principal transactions of the Government within the last year, and to make 
such suggestions as may naturally arise out of the facts submitted — leaving to 
my successor the further duty of proposing for legislative consideration such 
subjects as may seem to him proper for the security and welfare of the nation. 

Since your last adjournment, our relations have been extended upon the con- 
tinent of Europe, by the negotiation of treaties of amity, navigation, and com- 
merce with some of the German States, with which a respectable trade, con- 
venient and profitable, has already sprung up. 



Relations to Great Britain^ France, and IT. S. 327 

The Governments of Great Britain and France still maintain toward us those 
sentiments of friendship and good feeling which have ever marked their inter- 
course with us, and which it should continue to be our studious care, by every 
proper manifestation on our part, to strengthen and reciprocate. There is no 
ground to suspect that the late agitation of international questions between this 
Republic and that of the United States has, in any degree, abated their desire 
for our continued prosperity and independence, or caused them to relax their 
good offices to bring about the speedy and honorable adjustment of our difficul- 
ties with Mexico. That they should evince anxiety for our separate existence 
and permanent independence as a nation, is not only natural, but entirely com- 
mendable. They will never require of us, I am fully assured, any sacrifice of 
honor or interest ; and if they did, we should be quite free, as I am certain we 
should be ready, to refuse it. They are too well acquainted with the history of our 
origin and progress to suppose, for an instant, that we would, under any circum- 
stances, surrender one jot or tittle of that liberty and right to self-government 
which we achieved in the sanguinary conflicts of revolution, or give up a single 
privilege secured to us by our laws and Constitution. They will not ask it — 
they do not expect it — we would not yield it. 

Our relations with the United States remain in the same condition as at the 
time of my last annual communication. We are still without any treaty stipu- 
lations between the two countries. Within the last two years, all attempts at 
their establishment have been negatived by the ratifying power of that Govern- 
ment. That any effort for the same purpose will meet with better success, for 
some time to come, I am wholly unable to determine. 

In all but the name, we still continue at peace with Mexico. Since the 
autumn of 1842, no incursion has been made within our borders. The moral 
effect of public opinion throughout the enlightened world, if not the decided in- 
tervention of powers mutually friendly, seems to have arrested that course of 
conduct heretofore practiced against us, on the part of our enemy, and so plainly 
subversive of every rule of honorable warfare. 

Those of our citizens who surrendered to the officers of Mexico, under pledges 
of the treatment usually accorded to prisoners of war, have all been released 
from the captivity in which they were so perfidiously retained, and permitted to 
return home, with the exception of Jose Antonio Navarro, one of the ill-fated 
number composing the Santa F6 expedition, who alone remains to bear the 
vengeance of a Government which seems to delight in inflicting upon a helpless 
individual those wrongs and cruelties which would degrade the head of any 
other to a level with the rudest savage. 

The laws of the last Congress touching our prisoners in Mexico were carried 
out as fully and as speedily as circumstances would permit. 

The commission sent out by this Government to confer with a similar com- 
mission on the part of Mexico, in regard to the establishment of an armistice 
between the two countries, concluded their labors in the month of February 
last. Under the instruction by which they were governed, it became necessary 
for the Executive to approve or reject their proceedings. As soon as they were 
submitted, he did not hesitate, for reasons palpably manifest, to adopt the latter 
course. 

The subsequent manifesto of the Mexican Government, in relation to this 
subject, disregarding, as it xlid, every ordinary courtesy, even between belliger- 



328 HomtoTi's Literary Remains, 

ents, and descending into the vilest and most unmerited abuse of the people of 
Texas, forced upon the President the necessity of a response. He accordingly 
replied in such terms as he believed the occasion required at his hands. 
/ Our Indian affairs are in as good condition as the most sanguine could 
/ reasonably have anticipated. When it is remembered that a great w^hile neces- 
sarily elapsed before the various tribes, all of whom were in a state of the most 
bitter hostility, could be reached through the agents of the Government, and 
that they are now taken as different communities, completely pacified and in 
regular friendly intercourse with our trading establishments, in the judgment of 
the unprejudiced and impartial, the policy which could inculcate and maintain 
peace, and thereby save the frontiers from savage depredations and butcheries, 
will be viewed as satisfactorily demonstrated. It is not denied, that there are 
among the Indians, as among our own people, individuals who will disregard all 
law and commit excesses of the most flagrant character; but it is unjust to 
attribute to a tribe or body of men disposed to obey the laws, what is properly 
chargeable to a few renegades and desperadoes. Other Governments of far 
superior resources for imposing restraints upon the wild men of the forests and 
prairies, have not been exempt from the infraction of treaties and the occasional 
commission of acts of rapine and blood. We must therefore expect to suffer in 
a greater or less degree from the same causes. But even this, in the opinion of 
the Executive, does not furnish overruling testimony against the policy which he 
has constantly recommended, and which he has had the happiness to see so fully 
And so satisfactorily tested. 

The appropriation made by the last Congress, for the service of the Indian 
Department for the present year, has been found insufficient to meet the neces- 
sar}' expenditures. An additional sum is therefore respectfully asked to cover 
outstanding liabilities necessarily incurred — amounting altogether to not more 

than four thousand dollars. 

It will appear from the Report of the Secretary of the Treasury, that the 
finances of the country are in a most healthy and prosperous condition. It is 
believed the receipts from the various sources of revenue will at least equal the 
expenditures and perhaps leave a small surplus in the Treasury. The Executive 
has no hesitation in declaring that this would have been the case to a compara- 
tively large amount, if the recommendations he has so frequently made in 
relation to the more prompt and certain collection of the revenues had been 
responded to by the honorable Congress, by the enactment of the legal pro- 
visions deemed absolutely indispensable for this object. It is plainly unjust that 
the law-abiding citizen and faithful officer should be charged with the burthens 
of Government, and the dishonest and unpatriotic be permitted, by the defects 
of our statutes, to be relieved from the contribution of their fair proportion. 
Had the necessary laws been passed as recommended, we should have received 
from customs, upon our eastern boundary, as is estimated, some seventy-five 
thousand dollars more annually than have been collected ; making, within the 
last three years, the sum of two hundred and twenty-five thousand dollars, 
which has been totally lost, and which at this time v.ould enable us to be in a far 
better state of preparation for the contingencies to which every nation is liable, 
and for undertaking the various improvements which our situation as a rising 
people makes obligatory upon us. 

It is only necessary to mention, in order to show ^he striking propriety of ad- 



Management of Finances. 329 

equate amendments to our revenue laws, that the defalcations which have 
already occurred in the collection of the direct taxes alone, amount to more than 
fifty-two thousand dollars ; and the defalcations of the late collectors of import 
duties, at the two ports of Galveston and San Augustine, reach nearly thirty 
thousand dollars. It is obvious, therefore, that the laws must be so improved 
by the action of the Legislature as to secure the more certain and prompt 
transmission of the public moneys. Otherwise, no safe calculation can be made 
as to the means annually appropriated for the support of Government. 

The total amount of expenditures for all purposes, during the present adminis- 
tration, up to the first of November last, excluding fifty thousand eight hundred 
and seventy-three dollars and eighty-two cents, incurred during the administra- 
tion of my predecessor, and paid by this, is four hundred and sixty-six thousand 
one hundred and fifty-eight dollars and nine cents, leaving a balance of five thou- 
sand nine hundred and forty-eight dollars and ninety-one cents, after carrying 
on the Government for the last three years. It should be mentioned, also, that 
the estimate of expenditures dates back to the first of December, 1841, and that 
of receipts to the first of February, 1842, at which time Exchequer bills began 
to be received for revenue — a space of two months during which the expenses 
of Government were being incurred, without the receipt of a dollar to meet 
them. 

It appears, from the several enactments on the subject, that the amount ap- 
propriated for sustaining the Post-Office establishment, during the administra- 
tion of my predecessor, was two hundred and fifty-two thousand nine hundred 
and seventy dollars, and that the like appropriations during the last three years, 
for the same purpose, amount to but about twenty-nine thousand. Notwith- 
standing, however, this great difference in the means afforded for the support of 
this important branch of the public service, it is believed that, by the exercise of 
proper economy, the mails have been regularly transported upon all the routes 
prescribed by law, so as to give the greatest benefit possible under the means 
which could be applied. 

This statement, it is believed, will best explain the conduct of the administra- 
tion in the management of its finances, and, perhaps, satisfy the people of the 
Republic that all within its power has been done to economize the means which 
they had contributed for the support of our institutions. Much hardship has 
been encountered, and sometimes extreme perplexity endured, by all the public 
officers, by the fluctuations to which the currency has been subjected. But they 
have the satisfaction to know that, although they have frequently received less 
than one-half the compensation assigned them by law for their services, they 
have materially assisted in sustaining their country in the time of difficulty and 
need. 

During the past summer, dissensions of a most unfortunate character, arising 
from private and personal causes, and leading to the most deplorable excesses 
against life and property, existed in the county of Shelby, and extended in some 
degree to the surrounding districts. The necessity for the prompt intervention 
of the Government to arrest this state of things became imperative, and, accord- 
ingly, the Executive proceeded in person to a convenient point near the scene of 
difficulties, and ordered out a military force deemed sufficient for the effectual 
attainment of the object in view. He is happy to say that the citizen sol- 
diery obeyed the call upon their patriotic services with the utmost alacrity; 



330 Houston's Literary Remains. 

by which the reign of order and the supremacy of the laws were speedily 
re-established. 

It was deemed prudent, in order to secure the maintenance of these blessings, 
and to give due protection to the civil authorities in the administration of justice, 
to station a company of men in the county of Shelby. For the purpose, a corps 
of volunteers were enrolled, and continued in service as long as the Government 
thought it advisable for the preservation of peace. 

The Executive does not doubt that the honorable Congress will readily 
perceive the necessity which existed for the exertion of the strength ol the Gov- 
ernment for the suppression of the disorders alluded to, and that they will 
as readily make provision for the payment of the expenses incurred in 
doing so. 

It appears that the force authorized to be kept in service for the protection of 
the southwestern frontier has not been adequate to afford the security antici- 
pated. The Government, being desirous to extend every facility in its power 
for the better security of that border, authorized the raising of a company in ad- 
dition to that already in the field. The expenses thus incurred are small, and it 
is hoped that the necessary means will be provided for their payment. 

Reports from the several departments and bureaus are herewith respectfully 
transmitted, and the attention of the honorable Congress invited to their con- 
tents. 

I have now only to add the hope that your deliberations may be characterized 
by that wisdom and harmony so essential to the attainment of those great ends 
for which you are here assembled ; with my fervent desire that all your labors 
may, under the guidance of Heaven, give additional force and energy to all those 
principles of private *and public virtue so indispensable to the stability, pros- 
perity, and success of the Government and people of the Republic. 

Sam Houston. 



VALEDICTORY REMARKS MADE AT WASHINGTON TO THE 
CONGRESS OF THE REPUBLIC OF TEXAS, 

On the occasion of retiring from the Presidency of the Republic, 

December 9, 1844. 

Gentlemen of the Senate and of the House of Representatives, a7td Fellow- 
citizens : This numerous and respectable assemblage of the free citizens of 
Texas and their representatives, exhibits the best possible commentary upon 
the successful action and happy influence of the institutions of our country. 
We have met together for no purpose but that of adding another testimonial to 
the practicability of enlightened self-government — to witness a change of officers 
without the change of office — to obey the high behests of our written Constitu- 
tion in good-will and fellowship, as members of the same great political family, 
sensible of our rights and fully understanding our duty. 

I am about to lay down the authority with which my countrymen, three years 
since, so generously and confidingly invested me, and to return again to the 
ranks of my fellow-citizens. But in retiring from the high office which I have 
occupied to the walks of private life, I can not forbear the expression of the 



Tlie People Ms Snpport in Hasty Legislation. 331 

cordial gratitude which inspires my bosom. The constant and unfailing sup- 
port which I have had from the people, in every vicissitude, demands of me a 
candid and grateful acknowledgment of my enduring obligations. From them I 
have derived a sustaining influence, which has enabled me to meet the most tre- 
mendous shocks and to pursue, without faltering, the course which I deemed proper 
for the advancement of the public interests and the security of the general welfare. 

I proudly confess that to the people I owe whatever of good I may have 
achieved by my official labors, for without the support which they so fully 
accorded me, I could have acquired neither advantage for the Republic nor 
satisfaction for myself. 

It is true that collisions have existed between the Executive and the Legislat- 
ure. Both were tenacious of what they deemed their peculiar privileges ; and 
in the maintenance of which both may have erred. 

In various instances, the Executive was constrained by what he believed to be 
his most solemn duty to his conscience and his country to interpose his preroga- 
tive to arrest immature, latitudinous, and dangerous legislation. Under the 
Constitution, his weight in the enactment of laws is just equal to two-thirds of 
either House of Congress. Were it otherwise he would be but little more than 
a mere automaton, and the balance of power and the co-ordinate character of 
these two divisions of Government would be utterly destroyed. The Executive 
has never denied to the Congress purity of motive and honesty of purpose. He 
has sincerely lamented the existence of any cause, apparent or real, for the occa- 
sional disagreements which have occurred, and has deplored the necessity of 
resorting to the Executive veto to save the country from still greater evils. In 
the exercise of this power he was aware that two-thirds of the Legislature could 
correct any error he might commit ; and that beyond them stood the Judiciary, 
as the final umpire to decide between him and them and preserve the Constitu- 
tion inviolate. 

I have now no reason to conceal the convictions of my judgment or the feel- 
ings of my heart, I stand here not to ask the concurrence of any branch of the 
Government in any of my acts, but to declare, in all sincerity, that the differ- 
ences to which I have alluded, and the necessity for which I truly regret, arose 
on my part from a patriotic conception of duty. I may have been mistaken. 
In my retirement therefore, I take with me no animosities. If ever they existed 
they are buried in the past ; and I would hope that those with whom it was my 
lot to come in conflict, in the discharge of my official functions, will exercise 
toward my acts and motives the same degree of candor. 

In leaving my station, I leave the country tranquil at home, and, in effect, at 
peace with all nations. If some annoyances still exist on the frontier, it will be 
remembered that it has taken years to attain our present position. The savage 
hordes by whom we have been molested, have at length, by the policy I have 
pursued with constancy, become generally peaceful. The occasional difficulties 
which arise are not to be compared with those of former days. 

It is not reasonable to suppose that a work of so great magnitude and im- 
portance could be accomplished in a little while. Some twelve or fourteen 
different tribes of Indians, not harmonizing among themselves, and accastomed 
to depredate upon all around them, had long carried on hostilities upon our 
borders, and despoiled us of our citizens. With them we have at last, I trust, 
succeeded in establishing a lasting friendship. 



332 Houstoii's Literary Hemains. 

Our foreign relations, so far as the United States, France, England, Holland, 
and some of the principal States of Germany are concerned, are of the most 
agreeable character, and we have every assurance of their continuance. 

As to Mexico, she still maintains the attitude of nominal hostility. Instructed 
by experience, she might be expected to have become more reasonable ; but the 
vain-glorious and pompous gasconade so characteristic of that nation, would 
indicate that she is not quite ready to acknowledge the independence we have 
achieved. If however, she attempts the infliction of the injuries which she has 
so often denounced, I am fully assured that the same spirit which animated 
the heroic men who won the liberty we now enjoy, will call to the field a yet 
mightier host to avenge the wrongs we have endured, and establish beyond 
question our title to full dominion over all we claim. 

When I look around me, my fellow-citizens, and see and know that the pros- 
pects of the Republic are brightening, its resources developing, its commerce ex- 
tending, and its moral influence in the community of nations increasing, my 
heart is filled with sensations of joy and pride. A ])oor and despised people a 
few years ago, borne down by depressing influences at home and abroad, we have 
risen, in defiance of all obstacles, to a respectable place in the eye of the world. 
One great nation is inviting us to a full participancy in all its privileges, and to 
a full community of laws and interests. Others desire our separate and in- 
dependent national existence, and are ready to throw into our lap the richest 
gifts and favors. 

The attitude of Texas now, to my apprehension, is one of peculiar interest. 
The United States have spurned her twice already. Let her, therefore, main- 
tain her position firmly as it is, and work out her own political salvation. Let 
her legislation proceed upon the supposition that we are to be and remain 
an independent people. If Texas goes begging again for admission into 
the United States she will only degrade herself. They will spurn her again 
from their tlu'eshold, and other nations will look upon her with unmingled pity. 
Let Texas, therefore, maintain her position. If the United States shall open the 
door, and ask her to come into her great family of States, you will then have 
other conductors, better than myself, to lead you into the beloved land from 
which we have sprung — the land of the broad stripes and bright stars. But let 
us be as we are until that opportunity is presented, and then let us go in, 
if at all, united in one phalanx, and sustained by the opinion of the world. 

If we remain an independent nation, our territory will be extensive — un- 
limited. 

The Pacific alone will bound the mighty march of our race and our em- 
pire. From Europe and America her soil is to be peopled. In regions where 
the savage and the buffalo now roam uncontrolled, the enterprise and in- 
dustry of the Anglo-American are yet to find an extensive field of de- 
velopment. 

With union, industry, and virtue, we have nothing to apprehend. If left alone, 
we have our destiny in our own hands, and may become a nation distinguished 
for its wealth and power. 

It is true we have been visited with inconveniences and evils. It is but a 
short time since we were without a currency — without available means, and 
everything to do, for our national paper was depreciated to almost nothing. A 
currency, however, has been at length established. Hard money is disbursed by 



Final Patriotic Api^eal to his '•' Countrymenr 333 

the Government and circulates in the community. The period has arrived, I 
hope, when this currency may be maintained, and all other eschewed, unless in- 
tended as a representative of the precious metals actually in deposit. And I 
would not recommend the extension of the system further than merely to give 
the necessary facilities, as a medium of transmission or exchange. Relying upon 
the disposition of Congress not to extend their appropriations beyond the reve- 
nues arising from import duties, and the direct taxes secured, it will be seen 
that the Government can move on, and, at the same time, sustain the 
currency. 

In the advancement of the Republic, from the earliest period of its history up 
to the present moment, we think we have demonstrated to the world our capac- 
ity for self-government. Among our people are to be found the intelligent and 
enterprising from almost every part of the globe. Though from different States 
and of different habits, manners, sects, and languages, they have acted with a 
degree of concord and unanimity almost miraculous. 

The world respects our position, and will sustain us by their good opinion, 
and it is to moral influences that we should look, as much as to the point of the 
bayonet or the power of the cannon. 

My countrymen ! Give to the rising generation instruction. Establish schools 
everywhere among you. You will thus diffuse intelligence throughout the mass 
— that greatest safeguard to our free institutions. Among us, education confers 
rank and influence — ignorance is the parent of degradation. Intelligence ele- 
vates man to the highest destiny, but ignorance degrades him to slavery. 

In quitting my present position, and a second time retiring from the Chief- 
Magistracy of the Republic, I feel the highest satisfaction in being able to leave 
my countrymen in the enjoyment of civil and religious freedom, and surrounded 
by many evidences of present and increasing prosperity. This happy condition 
is ascribable to that wise and benign Providence which has watched over our 
progress, and conducted us to the attainment of blessings so invaluable. Let 
us, therefore, strive to deserve the favor of Heaven, that we may be established 
in all the privileges of freemen, and achieve that destiny which is always accord- 
ed to the faithful pursuit of good and patriotic objects. 

It is unnecessary for me to detain you longer. I now, therefore, take leave ol 
you, my countrymen, with the devout trust that the God who has inspired you 
with faithful and patriotic devotion will bless you with His choicest gifts. I shall 
bear with me into the retirement in which I intend to pass the remainder of my 
life the grateful and abiding recollection of your many favors. 



PART II. 

INDIAN TALKS. 



TALK TO BORDER CHIEFS. 

City of Houston, July 6, 1842. 
To THE Chiefs of the Border Tribes: 

MY FRIENDS : — The path between us has been red, and the blood of 
our people remains on the ground. Trouble has been upon us. 
Our people have sorrowed for their kindred who have been slain. The 
red men have come upon us, and have slain and taken some of our people. 
We found them and slew them, and have their women and children. They 
are with us and are kindly treated. Our people by you have been sold ; 
and those with you are held in suffering. This is all bad, and trouble must 
be while we are at war. 

I learn that the red friends want peace ; and our hand is now white, and 
shall not be stained with blood. Let our red brothers say this, and we will 
smoke the pipe of peace. Chiefs should make peace. I send counselors to 
give my talk. Listen to them. They will tell you the truth. Wise chiefs 
will open their ears and hear — ^you shall have peace ; and your people who 
are prisoners shall be given up to you on the Brazos, when the council shall 
meet there. You must bring all the prisoners which you have of ours. 

You shall trade with our people at new trading-houses, and no harm shall 
be done to you or your people. If you are friendly and keep peace with us, 
your women and children shall not be harmed. You shall come to our 
council-house, and no one shall raise a hand against you. Let the toma- 
hawk be buried, and let the pipe of peace be handed round council of 
friends. I will not forget this talk — nor my people. 

Your brother, Sam HOUSTON. 



LETTER TO CHIEF OF APACHES. 

City of Houston, September i, 1842. 
My Brother : — We are far from each other; we have not shaken hands. 
I have heard from you. The message was peace and friendship. With 
your son Antonio 1 send my friends, Dr. Cottle and Dr. Tower, with my 
talk. They will make it to you. 

If you can come to see me, I will make the path between us white, and it 
shall remain open. There is no blood between us. We have had no wars ; 
your enemies are our enemies. They will rot keep friendship with us; 
(3:34) 



Appeals f 01' Peace to Indian Chiefs. 335 

they will not tell the truth. When we shake hands we will become friends. 
Our friendship shall not cease. We will be friends when people around us 
are not at war. The tomahawk shall never be raised between us. 

You and your friends shall trade with our people, and you shall buy from 
us such things as you need, and our price shall not be great. We will buy 
from you your furs, your horses, your silver and gold. Treat my friends as 
brothers, and we will treat you likewise when you come to see us. We 
shall then write down a treaty which shall not wear out, but shall remain 
with our children, that they may know their fathers had shaken hands and 
smoked together the pipe of peace. 

I hope the Great Spirit may give light to your path, and the clouds of 
sorrow never rest upon your journey of life. 

Thy brother, Sam HOUSTON. 



LETTER TO CASTRO AND FLACO. 

City of Houston, September i, 1842. 
To Castro and Flaco : 

My Brothers : — I send to you Drs. Tower and Cottle, on their way to 
the Apache nation. Antonio, an Apache, is with them. They want you to 
send some of your people with them. I hope you will do so ; and if they 
want horses, I wish you would let them have good ones for them to ride. 
I will make presents to the Lipans who may go with my agents to the 
Apache nation. 

I am, your brother, Sam Houston. 



LETTER TO RED BEAR AND OTHER CHIEFS. 

J 



Executive Department, 
Washington, October 18, 1842. 



To the Red Bear and Chiefs of the Council : 

My Brothers : — The path between us is open ; it has become white. 
We wish it to remain open, and that it shall no more be stained with blood. 
The last Council took brush out of oiar way. Clouds hang no longer over 
us, but the sun gives light to our footsteps. Darkness is taken away from 
us, and we can look at each other as friends. I send councilors with my 
talk. They will give it to you. Hear it, and remember my words. I have 
never opened my lips to tell a red brother a lie. My red brothers, who 
know me, will tell you that my counsel has always been for peace ; that I 
have eaten bread and drank water with the red men. They listened to my 
words and were not troubled. A bad chief came in my place, and told them 
lies and did them much harm. His counsel was listened to, and the people 
did evil. His counsel is no more heard, and the people love peace with 
their red brothers. You, too, love peace ; and you wish to kill the buffalo 
for your women and children. There are many in Texas, and we wish you 
to enjoy them. We are willing that your women and children should be 
free from harm. 



336 Houstori's Literary Remams. 

Your Great Father, and ours of the United States, wishes the red men 
and the people of Texas to be brothers. He has written to me, and told me 
that you wanted peace, and would keep it. Because peace is good, we have 
listened to him. You, too, have heard his wishes, and you know the wishes 
of our red brothers on the Arkansas. Let us be like brothers, and bury the 
tomahawk forever. 

Bad men make trouble : they can not be at peace ; but when the water is 
clear they will disturb it and make it muddy. The Mexicans have lately 
come to San Antonio and brought war with them ; they killed some of our 
people, and we killed and wounded many of them. We drove them out of 
the country ; they fled in sorrow. If they come back again they shall no 
more leave our country, or it will be after they have been taken prisoners. 
Their coming has disturbed us ; and for that reason I can not go to the Coun- 
cil to meet you, as I had intended. But my friends that I send to you will 
tell you all things, and make a treaty with you that I will look upon and 
rejoice at. You will counsel together. They will bring me all the words 
that you speak to them. The Great Spirit will hear the words that I speak 
to you, and«Hewill know the truth of the words that you send to me. 
When truth is spoken His countenance will rejoice ; but before him who 
speaketh lies, the Great Spirit will place darkness, and will not give light 
to his going. Let all the red men make peace ; let no man injure his 
brother ; let us meet every year in council, that we may know the heart of 
each other. I wish some of the chiefs of my red brothers to come and see 
me at Washington. They shall come in peace, and none shall make them 
afraid. 

The messenger from the Oueen of England and the messenger from the 
United States are both in Texas, and will be in Washington, if thy are not 
sick. They will be happy to see my brothers. If the Dig Mush is in coun- 
cil he has not forgotten my words ; and he knows my counsel was always 
that of a brother ; and that I never deceived my red brothers, the Chero- 
kees. They had much trouble and sorrow brought upon them, but it was 
done by chiefs whose counsel was wicked, and I was far off and could not 
hinder the mischief that was brought upon his people. Our great council 
is to meet within one moon and I will send a talk to our agent at the trad 
ing-house, who will send it to my red brothers. 

Let the war-whoop be no more heard in our prairies — let songs of joy be 
heard upon our hills. In our valleys let there be laughter and in our wig- 
wams let the voices of our women and children be heard — let trouble be 
taken away far from us; and when our warriors meet together, let them 
smoke the pipe of peace and be happy. 

Your brother, Sam Houston. 



TALK TO BORDER CHIEFS. 

Executive Department, j 
Washington, February 13, 1843. \ 
Brothers: --The great rains, like your sorrows, I hope have passed away, 
and the sun is again shining upon us. When we all make peace, it will be 



Bad Men who Warred on Indians. 337 

to the heart like the sunshine is to our eyes. We will feel joy and gladness. 
Sorrow will no longer fill our hearts. The noise of an enemy will not be 
near us ; and there will be none to make us afraid. The voices of our women 
and children will be gladness. They will be heard, cheerful as the song of 
birds, which sing in the green woods of summer. 

The sleep of your people will not be disturbed. The hunter will not be 
alarmed in his camp. When our people meet their red brothers they will 
grasp them by the hand as friends.and they will no more remember their 
sorrows. 

I will send good agents and jacks, or we will buy your sheep and goats, 
if you should bring any to our trading-houses. 

I have sent for fine lances, to make presents to the chiefs who are most 
friendly, and I will send them by the agents in October, or I will send for 
the chiefs and with my own hand I will present them. I hope one chief of 
each (at least) will come to see me so soon as the treaty is over. My coun- 
cilors will show the way to my house. 

Come, and no harm shall fall upon you, but you shall return to your peo- 
ple with presents and happy. You may rely upon my words — they are not 
false — nor will I let harm trouble you as it did at Bexar. These sorrows 
must be forgotten. The thoughts of them only make the heart sad. Sor- 
row can not bring back our friends. Let peace now be made, that we may 
lose no more, and trouble will not come upon us. Let the wild brothers 
who love the prairies go to you who will give you my talk, and when you 
may wish it, they will send your talks to me. My ears will be open to your 
words. My heart will be warm toward you and your people. 

If my people act badly toward your people, I will punish them. Our laws 
have given to the head chief of Texas a right to do so. If your people do 
wrong to us, they must be punished. I will keep our people from stealing 
from you, and you must not let your people steal from ours. 

Bad men who are our enemies must be looked upon by you as enemies. 
You will be our neighbors and friends, and those who would injure us would 
do you wrong likewise. Let no Indians trouble our frontier and we will 
make you presents as brothers. When we know that you are our friends, 
we will sell you arms, powder, and lead to kill game. We will buy your 
skins, your mules, horses, and hunt buffalo, and those who have houses 
build them, and plant corn in their own fields. While they remain friends 
I will keep trouble and sorrow far from them. Their women and children 
shall not weep for the loss of warriors or friends in battle. 

The Great Spirit will be kind to all people who love peace. Let all the 
Red Brothers listen to their chiefs when they counsel to speak peace ! 

Your brother, Sam Houston. 

To the Chiefs of the Border Tribes. 



LETTER TO INDIAN CHIEF LINNEY. 

Washington, March 5, 1843. 
My Brother : — Your talk came to me. I read it and was happy ! I re- 
membered other days. Our words came back to my thoughts. We spoke 
22 



338 Houston's Literary Memains. 

to each other face to face. Our hearts were open to each other. Words ol 
kindness entered into them and gave light to our countenances. When we 
talked together, our people were in our thoughts, and we remembered the 
women and children of our nations, — you have kept your words, nor have I 
forgotten mine. You wish to raise corn in our country, and to be our 
friends. I know that you and our Delaware brothers are good men and will 
not use crooked ways with your friends. I have written to our commissioners 
and told them to let the Shawnees, Delawares, and Kickapoos settle on 
the waters of the Brazos and raise corn. They will also keep all bad red 
men from our frontier, or, if any should come, they will treat them as ene- 
mies. You will stand by us and keep trouble from our people. If red men 
come to our settlements or hurt our people when they meet them, the blame 
may fall upon good red brothers, and cause injury to them and their people. 
So that our brothers must watch all those whose hearts are not straight and 
who walk in crooked paths and bushes. 

If your people and my friendly brothers should raise corn and live on the 
Brazos and trade to our trading-houses and receive the talk of our agents, 
you must get the wild brothers to make peace and keep it. If they do not, 
you must look upon them as enemies, because they will bring harm upon 
your people, and this will cause great sorrow and crying with your women 
and children, and the loss of warriors sinks deep in the hearts of the chiefs 
and wise men of a nation. 

Our traders will buy from you all that you may have to sell, and the 
horses and mules which you may bring to them will get you all the things 
which you may wish to buy for your warriors, your women, and children. 

The red brothers all know that my words to them have never been for- 
gotten by me. They have never been swallowed up by darkness, nor has 
the light of the sun consumed them. Truth can not perish, but the words 
of a liar are as nothing. I wish you to come and we will again shake hands 
and counsel together. Bring other chiefs with you. Talk to all the red 
men to make peace. War can not make them happy. It has lasted too 
long. Let it now be ended and cease forever. Tell all my red brothers to 
listen to my commissioners, and to walk by the words of my counsel. If 
they hear me and keep my words, their homes shall be happy — their fires 
shall burn brightly, and the pipe of peace shall be handed round the hearth 
of their wigwams. The tomahawk shall no more be raised in war. Nor 
shall the dog howl for his master who has been slain in battle. Joy shall 
take the place of sorrow; and the laughing of your children shall be heard 
in place of the cries of women. Your brother, Sam Houston. 



TALK TO VARIOUS BORDER TRIBES. 

Executive Department, ) 

Washington, Texas, March 20, 1843. ' 
To THE Head Chiefs of the Wichetaws, Ionies, Iow-a-ashes, Wa- 
coES, Ta-wack-a-nies, Caddoes, and other Tribes: 
Brothers : — I send this talk to you by Gov. Butler, the Agent of our 
Great Brother, thj President of the United States. The words I speak to 



Sorrows of War, Blessings of Peace. 339 

you are the words of a brother, who has never told his red brothers what 
was not true. 

Between your people and ours there has been war. Trouble has been in 
the path between us, and it has been stained with blood. While there is 
war no people can be happy. When the warriors are absent from home 
their wives and children may be killed by their enemies. If the warriors 
return with scalps or have stolen horses, it will not bring back their women 
and children to them. Their wigwams will be desolate, and they will have 
to kindle new fires, and by them watch for their enemies. 

If they make peace, they can rest with their people and be happy. The 
hunter can kill his buffaloes and the squaws can make corn, and there shall 
be none to trouble them. We are willing to make a line with you, beyond 
which our people will not hunt. You shall come to our trading-houses in 
peace ; none shall raise a hand against you, nor make war upon your peo- 
ple. Our traders will have goods such as you may wish to buy, so soon as 
you have made peace. The goods shall be such as you need, and they will 
be sold to you cheap. We will have agents to act for you, and see that no 
one shall do wrong to you. 

When you wish to sell our traders horses, mules, peltries, or any other 
articles, you shall have a good price for them, and you shall not be cheated. 
You need not doubt the words which I speak to you. If wrong has been 
done to the red brothers in Texas, it was not done by the chiefs who are 
now in power. They were bad deeds, and the people condemn them. 
They are now passed away. It will do us no good to wrong the red brothers. 
Peace will make the white as well as the red brothers happy. Let us meet 
in peace and talk together, as men who desire to walk in straight paths. 
Let the young men of your nations take counsel of their chiefs and wise 
men. Then they will bring happiness to your people instead of sorrow and 
trouble. 

Our Great Brother, the President of the United States, desires that the 
chiefs of Texas and the chiefs of the red men should make peace, and bury 
the tomahawk forever. I will send a councilor to the Grand Council of the 
Cherokees ; and (if you send chiefs there) he will make a treaty that will 
take out of our path the stain of blood and make it white, that we can walk 
in it and live as brothers, and he will appoint a great council in Texas. 
Our Great Brother will look upon us with pleasure, and the Great Spirit 
will give light to the path in which we walk, and our children will follow 
our counsel and walk in the path which we have made smooth. 

Your brother, Sam Houston. 



TO THE LIPANS, IN MEMORY OF FLACO, THEIR CHIEF. 

Executive Department, ) 
Washington, March 28, 1843. \ 
To the Memory of Gen. Flaco, Chief of Lipans : 

My Brother : — My heart is sad ! A dark cloud rests upon your nation. 
Grief has sounded in your camp. The voice of Flaco is silent. His words 



340 HoustorCs Literary Remains. 

are not heard in council. The chief is no more. His life has fled to the 
Great Spirit. His eyes are closed. His heart no longer leaps at the sight 
of the buffalo. The voices of your camp are no longer heard to cry ; " Flaco 
has returned from the chase ! " Your chiefs look down on the earth and 
groan in trouble. Your warriors weep. The loud voices of grief are heard 
from your women and children. The song of birds is silent. The ears of 
your people hear no pleasant sound. Sorrow whispers in the winds. The 
noise of the tempest passes. It is not heard. Your hearts are heavy. 

The name of Flaco brought joy to all hearts. Joy was on every face. 
Your people were happy. Flaco is no longer seen in the fight. His voice 
is no longer heard in battle. The enemy no longer make a path for his 
glory. His valor is no longer a guard for your people. The right of your 
nation is broken. Flaco was a friend to his white brothers. They will not 
forget him. They will remember the red warrior. His father will not be for- 
gotten. We will be kind to the Lipans. Grass shall not grow in the path 
between us. Let your wise men give the counsel of peace. Let your young 
men walk in the white path. The gray-headed men of your nation will 
teach wisdom. I will hold my red brothers by the hand. 

Thy brother, Sam Houston. 



LETTER TO A-CAH-QUASH, CHIEF, ETC. 

Washington, Texas, April 19, 1843 
To A-cah-quash, Chief of Wacoes, etc. : 

Brother: — It has been represented tome to-day that upwards of two 
hundred horses have been taken from the Lipans and Toncahuas by some 
of the wild Indians, said to be a party of Wacoes. They are supposed to be 
the thirty out at the time my brother was here, and who did not know of 
the treaty. 

As these horses were stolen after my brother had signed the treaty of 
peace, it is expected that he will see them returned to the Delaware trad- 
ing-house, so that the Lipans and Toncahuas may get them. On account 
of the peace the agent prevented the warriors of the Lipans and Toncahuas 
from pursuing and retaking their horses, and referred the matter to me to 
say what should be done. I have told them that you would have them 
returned, for I had all confidence in your words. By returning the horses 
it will help to make peace with all the red brothers, and the Toncahuas will 
not wish to fight or ever again eat people ; and the Lipans will be at peace 
forever with the Wacoes and their friends. The Lipans and Toncahuas 
say if they do not get their horses, that they will make war until they get 
pay for them. This my brother, the Waco chief, knows. I do not like my 
red brothers to have war. Let all my red brothers make peace, and keep it. 

Yo'.ir brother, Sam Houston. 



Appeal to the Fierce Comanches, 341 



TALK TO PAH-HAH-YOU-CO. 

Executive Department, ) 
Washington, iT/rty 4, 1843. f 

To Pah-hah-you-co, Comanche Chief, etc. : 

My Brother : — Our fires have burned far from each other. Your talk 
has reached me by our Delaware friend, Jim Shaw. My ears were opened 
to your words — they were words of peace. I have laid them up in my heart. 
I send you my words by the same friend. With him I send two of my 
young chiefs. The first is a war-chief. They have eaten bread with me. 
They have sat by my side. They have learned to love the red brothers. 
I send them that they may tell you many things. They know the counsel 
of peace which I have always given. They will speak to you words of truth 
only. 

Chiefs who wish to be friendly should talk to each other. They should 
know the thoughts of each other, and love peace. Peace will make the red 
and the white men happy. If we have war our men must perish in battle. 
They will not return to our feasts, nor will they again sit by the council-fire. 
Peace will save our warriors from death. They can then kill the buffalo, 
and their women and children have nothing to fear. 

Your people can come to our trading-houses. Such things as your peo- 
ple need, our traders will have to sell to them. You will not have to go to 
a great distance, but in the midst of your hunting-grounds you can find 
goods ; and the journeys which you make will be in a land where you have 
buffalo and water. The warmth of the south will give you grass in winter, 
and you will no longer have to travel to the snows of the north to get your 
goods. They will buy your horses and your mules, your silver and your 
gold, and all that you have to sell. When you make peace with us, and we 
know that you are our friends and there is no more war upon our borders, 
we will sell you powder and lead, tomahawks, spears, guns, and knives, so 
that you can kill buffalo enough for your women and children. Friends 
sell these things to each other, and we can not let you have them till there 
is peace ; and when the path between us has become smooth and all 
trouble is removed out of it, we will know that you are our friends and not 
our enemies. When you make peace you can come to see me, and none 
will do you hurt. Comanche chiefs and other red brothers came to me 
and made peace, and they returned to their people without harm. Troubles 
again grew up between our people. Prisoners were taken from each other. 
Bad traders went amongst you and hurt many of your people. At a coun- 
cil in San Antonio your chiefs were slain. This brought great sorrow upon 
your nation. The man who counseled to do this bad thing is no longer a 
chief in Texas. His voice is not heard among the people. 

We must forget these sorrows. Our people have bled, and your people 
have done us much harm. You must do so no more ; you have our people 
prisoners, and your people are amongst us, prisoners likewise. 

When you and your chiefs come to the council at Bird's Fort on the 
Trinity, at the full moon in August, and make peace, you must bring all 
our prisoners, and we will give you your prisoners in return. We have not 



342 Houstmi' s Literary Hemains. 

sold your prisoners, nor have we treated them unkindly. We have looked 
upon them as our children, and they have not been hungry amongst us. I 
send you two prisoners, that you may see them, and know that they have 
been well treated. You must bring all our prisoners to the council ; and 
when peace has been made, and we have become friends forever, we will 
give you all your prisoners. When you look upon them you will see that 
the white people have been kind to their red prisoners ; and when peace is 
made no more prisoners will be taken, but the path between us will remain 
open, and when we meet our red brothers, the Comanches, we will take 
them by the hand as friends — we will sit by the same fire, and the pipe of 
peace which I send you by Jim Shaw, shall be smoked. It has been 
smoked in the council of friends, and the smoke which rose from it showed 
that the red and white man sat together in peace — that they had made a 
smooth path between their fires, and had taken away the clouds of trouble 

from their nations. 

Your brother, Sam Houston. 



TALK TO VARIOUS BORDER TRIBES OF INDIANS. 
To THE Head Chiefs of the Wichetaws, Iomies, Iow-a-ashes, Tah- 

WACKANIES, CaDDOES, COMANCHES, AND OTHER TrIBES : 

My Brothers : — I send this talk to you by the Chief Counselor of my 
warriors. The words I shall speak to you are the words of a brother, who 
has never told his red brother what was not true. 

Those that I send to you have sat by my side and eaten bread with me. 
They have learned to love the red brothers. They know the counsels of 
peace which I have always given. They will tell you of many things which 
it will be good to hear. They will speak the words of truth only. 

Chiefs who wish to be friendly should talk to each other. They should 
know each other's thoughts and have peace. Peace will make the red and 
white men happy. 

If we have war, our men must perish in battle. They will not return to 
our feasts, nor sit by our council fires. Peace will save our warriors from 
death and our women and children from trouble. Then the buffalo can be 
killed and the wigwams filled with plenty. Hunger and distress will be 
far away. 

When peace is made firm between us, trading-houses will be established 
and all things that your people need, our traders will have to sell to them. 
You will not have to go to a great distance, but in the midst of your hunt- 
ing-grounds you can find land where you will find buffalo and water. The 
warm sun of the South will give you grass in winter, and no longer will you 
have to travel to the snows of the North to get your goods. You can sell 
your horses and your mules — your silver and your gold, and all you have to 
dispose of, to our traders. When peace is made firm between us, and we 
know that you are our friends, and there is no more war upon our borders, 
we will sell you powder and lead, tomahawks, spears, guns, and knives, so 
that you can kill your game without trouble. Friends only sell these things 
to each other ; and we can not let you have them until we have made a 



Houston the IndiarCs Brother always True. 343 

firm and lasting peace. When the path between us is smooth and white, 
and all trouble removed from our footsteps, we shall then know that you 
are our friends and not our enemies. When the Great Spirit smiles, clouds 
and darkness are taken away from our path. When He frowns, war and 
death and trouble come upon us. Let us listen to the counsels of the old 
men. Let us live like brothers and be happy. 

When the pipe of peace is smoked, you may come to see me, and none 
will do you harm. The white and the red men will meet as brothers. The 
Comanches once made peace with me at Houston. 

We smoked together, and they returned safely to their people. But a 
bad chief came in my place, and bad traders went among them and carried 
trouble with them. At a council in San Antonio many Comanche chiefs 
were killed by bad men. I was then far away, and did not hear of it till it 
was over. I was filled with sorrow. My heart was sad. The man who 
counseled to do this bad thing is no longer a chief in Texas. His voice is 
no longer heard among the people, and he has no more power to harm the 
red men. 

These things shall no more take place. We must forget our sorrows, and 
walk together like brothers in the path of peace. 

Our people have suffered, and we have done each other much harm. War 
has been among us ; and the white and the red warrior have been killed 
We have prisoners and your people have prisoners of ours. When we meet 
in council they shall be exchanged. The white and red prisoners shall all 
return to their homes, and we will take prisoners no more. When you see 
the red prisoners they will tell you that they have been well treated. They 
have not been hurt ; and when our prisoners are brought to the council 
you will find yours there also. 

I send m.y war counselor to invite the chiefs of our red brothers in Texas 
and on the borders, to meet in council at Bird's Fort on the Trinity, at the 
full moon in August. The chiefs of the white and red men will there sit 
around the same fire and smoke the pipe of peace. Many of our Delaware, 
Shawnee, Waco, Caddo, other friends and brothers will be there. They 
have made peace, and will speak for us. 

Our great brother, the President of the United States, is anxious to see 
peace established between Texas and all the red people. The chiefs he 
sends to you will say so. 

A talk like this has been sent to the Comanches by our Delaware broth- 
ers, and white chiefs, who will see them, and invite them to the council. 

Your brother, Sam Houston. 

Executive Department, 
Washington, May 30, 1843, 



LETTER TO A-CAH-QUASH. 

Trinity River, September 13, 1843. 
To A-CAH-QUASH, Waco Chief: 

My Brother : — I send you my friend to shake you by the hand, and tell 
you that my heart is still warm toward you. Col. Eldredge has told me all 



344 Houston's Literary Remains. 

your good actions, and they are many. Your actions are like the sun — 
they do not change. My heart is glad, and I hope your path will be sun- 
shine. 

I hope to see you, with Luis Sanchez, soon. Col. Eldredge will see that 
you come in peace and are happy. 

Your brother, Sam Houston. 



TALK TO PAH-HAH-YUCO. 

Executive Department, ) 
Washington, Decetnber 14, 1843. ' 
To Pah-hah-yuco, Chief of Comanches : 

My Brother : — Your talk has reached me through the young chiefs that 
I sent to see you and talk to you about peace. My ears were opened and 
my heart was very glad. Your words are laid up in my remembrance. 
I was happy to hear that the little prisoners I sent you arrived safely, and 
were restored to their family and friends. We have several more which we 
wish to send home. 

My young chiefs were well treated and protected from harm. This was 
right : it was the conduct of a good friend. Our fires now burn far from 
each other ; but I hope to shake you by the hand and thank you for all this. 
We are all brothers ; the same blood flows in our veins. Let us all, then, 
be friends. Let us meet and shake hands in the prairies, at the council, 
and at the trading-houses. Chiefs should love peace, for war brings death 
and distress upon the people. The warrior is no more seen around the 
council-fire, and the women and children weep in sorrow. Peace will make 
all happy ; and plenty will fill the tent of every family. The buffalo can be 
hunted without fear, and the hunter return to his home laden with the 
fruits of the chase. Peace will enable our traders to sell you whatever you 
want and buy whatever you have to sell. In the midst of your hunting- 
grounds you can find goods : and you will not have to go so far as hereto- 
fore for what you buy, or to dispose of what you have to sell. At a con- 
venient distance you can find traders who will purchase your mules and 
your horses, your silver and your gold, your skins, and all things else you 
have to sell. When we know you are our friends, and a permanent treaty is 
made, we will sell your people powder, lead, tomahawks, guns, spears, and 
knives, so that they may hunt and kill game and live happily. Friends only 
sell these things to each other. When the path between us is made 
smooth, and all harm to each other moved far away, then we shall know 
each other to be friends and not enemies. When peace is made you may 
come to me. and no one shall harm you. Others of my red brothers have 
come to see me and shake me by the hand, and have returned safely.! The 
-7 Comanche chiefs came and made a treaty with me at Houston and received 
presents, and returned to their people without harm. Bad men went 
amongst you, and brought upon the white and the red men great trouble. 
But they are no longer heard in our councils. They have no more any 
power to do harm. The people have put them aside. They were bad men. 



The Great Brother of the U. S. with Houston. 345 

and killed the Comanche chiefs who came to San Antonio to make peace. 
They are now gone, and can not do your people any more injury. We must 
now forget past sorrows, and embrace each other as friends and brothers. 
I have always been the friend of the red man. The Delawares, Cherokees, 
and Shawnees will tell you this. 

I saw the treaty which Pah-hah-yuco made with my young chief, to do 
no more harm till the council. This was very good, and my heart was glad. 
It showed that you would be a friend to the whites and our brother. The 
council at Bird's Fort and the great rains and high waters, have prevented 
my young chiefs from meeting you in council ; and I send my chiefs, who 
will give you this, to tell you the reason, and to request you and all your 
chiefs to attend a council to be held on or near Tahwoccany Creek, about \J 
the full moon in April next. My Great Brother, the President of the United 
States, has been invited to send some of his chiefs to the council, and see 
the people of Texas make peace with their red brothers. My Great Brother 
is anxious for peace, and will see that both the white and red men do right, 
and injure each other no more. 

I hope my good friend Pah-hah-yuco and the chiefs of the several bands 
of the Comanches and Kiaways, will be present a' the council on Tahwoc- \/ 
cany Creek at the time appointed./ I hope, also, that they will send runners 
and invite' each other to the council, that all may be there to make peace, 
that there may be no more war and distress between the white and red 
man, and that the traders may furnish all the several bands with goods. 
The prisoners we have of your people will be at the council, and when our 
people among you are given up, they will all be restored to their kindred 
and friends, and be happy. The little prisoners I sent you are pledges of 
my sincerity. I never told a red brother a lie. Bring all our prisoners, and 
all yours shall be given up as soon as a peace is made. When you see them 
you will say that they have been well treated. They have not been hurt. The 
white people have been kind to the red prisoners. When peace is made no 
more prisoners shall be taken. The white and the red man will meet and 
shake hands, and sit around the same fire and smoke the pipe as frie'nds 
and brothers. There will be none to make them afraid. 

Come with your chiefs to the council ; and those I send to speak to you 
will be your friends, and will speak nothing but truth and peace. 

Your brother, Sam Houston. 



LETTER TO A-CAH-QUASH. 

Executive Department, 
Washington, December 14, 1843. 
To A-cah-quash, Chief of Wacoes, etc. : 

My Brother : — I have heard of you in the prairies. I was rejoiced. 
My friends told me that you yet walked in the white path. Your 
words came to me by the lean captain [Gen. Geo. W. Terrell]. My heart is 
warm toward my friends. I will never forget that you were amongst the 
first to walk in the path between the red and the white man. To let you 



346 Houston's Literary J^emains, 

know that you are not forgotten, and that I hold the friendly chief of the 
red men near my heart, I send you presents. Our nation is yet young, but 
will make us rich, and then I will send many presents to our red brothers. 
\J At the council at Tahwoccany Creek in April next, I wiil send you a new 
pipe that I have had made at a great distance from here. It will be a pipe 
of peace. You will smoke it with our red friends at the council ; and if I 
can not be there to meet you, you must come to see me, and we will smoke 
at my own fire-side. I will look for the great chiefs of the different bands. 
If they come to see me they shall not go away hungry. 

I will expect you to go and stay with my friends till they go to the 
Comanches, and stay with them till the council. 

I hope the Great Spirit will smile upon you and preserve you, and give 
many blessings to my red brothers. 

Your brother, Sam Houston. 



TALK TO KECHI CHIEF. 

Executive Department, » 
Washington, December 21, 1843. \ 

To Sah-had-duck, Chief of the Kechies : 

My Brother : — My ears are always open to the voices of my red broth- 
ers. When they speak I hear them. You have brought a talk from the 
Comanches. I am ready to hear it. I will send by you a talk back to them. 
It shall be a talk of peace. 

If you wish to come and see me and the chiefs of tliis nation in council, 
they are here. The white chief who takes you this talk will show you and 
your friends the way to my house, or he will send a friend that will bring 
you in a safe path. A-cah-quash and other chiefs have been here with us. 
They know that we are kind to our red brothers. When you come to see 
us you will find our hearts open. We do not shut our doors against our 
friends. Blood has been taken out of our path ; and when you come to see 
me, you will find the path white. The feet of all good men go in a straight 
path. 

When you shall have come to see me, I will send men with you who will 

see you safe back to your hunting-grounds, with talks of friendship to the 

Comanches and all our red brothers. If the red brothers should wish to 

come down with you to s€;e me, you may tell them to bring their peltries 

and trade, if they wish to do so. 

Your brother, Sam Houston. 



TALK TO SAH-SAH-RO-KE, KECHI CHIEF. 

Executive Department, > 
Washington, Janu.iry 31, 1844. j 

My Brother : — You started to hunt the white path of peace — you found 
and walked in it amongst white people, until you came to my house. You 
found the talk which I sent you true. You saw the great council of your 



Peace Letters to Indian Chiefs. 347 

white brothers, and you know they intend to have peace. As the chief of 
all this nation, I wish to make peace with all the red brothers. I have 
spoken to you, and you know what my words are. The talk which you 
brought from the Comanches and other red people is good. My ears were 
open to hear it, and my heart rejoiced that there was to be no more blood 
in the path between us. You will now turn your face to the Comanches 
and Kiaways and to all the red people. You will take the words of the 
chief of Texas vVith you. Their ears will be open, and they will listen to 
what you have to say to them. 

You will tell them what I have said about peace and the words which 1 
have spoken about prisoners. If ours are brought, they shall have all theirs. 
In about two and a.half moons I wish the Comanches to meet us in council 
at Tahwoccany Creek. I will expect all the Comanche chiefs to be there 
that the tomahawks may be buried, and that no more blood may be shed, or 
mischief done till the grass ceases to grow and the water to run. Their 
prisoners will all be there to go home with their people, and ours must be 
there also. Before then I will try and send traders up to the Kechi village- 
At the treaty-ground there will be corn, tobacco, and some lead to give to 
those who are friendly and make peace — for we will never give these things 
to those who are our enemies. 

You can say to those tribes which make corn, that they may settle down 
in their villages, and that I will send them hoes and axes, and when we get 
the trading-houses built, that I will send them many other presents. This 
will not be done to buy peace, but to help our friends to make corn and 
other things for their women and children to eat. 

I want you to take this talk in a hurry, that the Comanches, Kiaways, 
and other red brothers may come to the council at the time spoken of. 
After the treaty is made an agent will stay at the trading-house near the 
treaty-ground. The agent will send me your talk in writing, and if any 
mischief is done to your people, you will not get mad till you hear from me, 
and I will have the men punished that did wrong. If the young men of 
your nations do bad, or say that they will not walk in your counsel, you 
must punish them, or it v,ill bring trouble upon your women and children. 
You have seen me and talked with me and heard my words. You know I 
will not lie — and therefore keep them in your heart. 

Your brother, Sam Houston. 



LETTER TO WACO CHIEF, ACAH-QUASH. 

City of Houston, May 2, 1844. 

To ACAH-QUASH I 

My Brother : — I was happy to hear from you. My heart swelled with 
pleasure. 1 remembered that we were friends, and that the path between 
us was white. I was sorry that the Comanches did not come down to the 
treaty, but I expect them when the leaves turn yellow. In four moons I 
will expect some chiefs ; when green corn is to be eaten. 

If you can come down with the Commissioners, I will wish you to do so. 



/ 



348 Bouston^s Literary Remains. 

and bring Jos6 Maria with you. Lately I have heard that bad men have 
been down from some of the tribes of our brothers. They stole horses, and 
two of them were killed. Some of the horses were taken by the whites, 
and the others they ran off with. These I want you to have given up, that 
there may be no trouble. The men killed were supposed to be Wacoes. 
It was wrong for them to come down into the settlements until a treaty 
was made with all our red brothers, and without a paper from the agent, 
Mr. Sloat. When my red brothers wish to come into the settlements to 
hunt or see me, they will call upon him or Major Western, if he is at the 
trading-house ; and if it is proper, either of them will give a paper showing 
that it is a visit of friendship, and not to steal horses or to do any mischief. 
Then our people will be glad to see them. 

When you come down to see me, we will send away all trouble, and if the 
whites have done wrong they shall be punished, as bad men should be. 
You will embrace your red brothers for me. When you come to see me, 
my heart will be open to receive you and Jos6 Maria. 

Your brother, Sam Houston. 



PART III. 

LETTERS AND DOCUMENTS. 



LETTER TO SANTA ANNA. 

Executive Department, 
City of Houston, March 21, 1842. 

Most Excellent Sir : — Your communications to Mr. Bee and General 
Hamilton, dated at the Palace of the Government of Mexico, have been 
recently presented to my notice. At the first convenient leisure, I have not 
failed to appropriate my attention to the subjects embraced within the 
scope of your remarks. 

They would have met a more ready attention had it not been for a ma- 
rauding incursion made by a Mexican force on the defenseless town of San An- 
tonio, on the inhabited frontier of Texas. Apprehending that the force had 
some other character more important than that of bandits and plunderers, 
commanded as it was by regular officers, it produced a momentary excite- 
ment, and claimed the attention of the Executive. But, as the bandits have 
withdrawn, characterizing their retreat by pillage and plunder, as has been 
usual with Mexicans, I am left at leisure to resume in tranquillity the duties 
of my station. 

In reference to your correspondence with Mr. Bee and General Hamilton, 
I have no remark to offer in relation to the communications which those 
gentlemen assumed the individual responsibility of making to you. The very 
nature of the correspondence manifests the fact that it was not done under 
the sanction of this Government, but rests solely upon their action as indi- 
viduals. Had your response regarded them in the light in which they were 
presented to you, it would have superseded the necessity of any notice from 
me. But as you have thought proper to laud my conduct as an individual, 
and refer to transactions connected with this country, with which I had 
official identity, and which I also at this time possess, and as you have taken 
the liberty, to an unwarrantable extent, to animadvert upon circumstances 
connected with Texas as a nation, I feel myself compelled by a sense of 
duty to refute a portion of the calumnies which you have presented to the 
world under the sanction of your official averment. 

You appear to have seized upon the flimsy pretexj; of confidential com- 
munications unknown to the officers of this Governm.ent, and unknown to 
the world until divulged by you, for the purpose of manufacturmg a capital 

(.349) 



350 Houston's Literary Hemains. 

• 

of popularity at home, and which you have submitted to the world as a 
manifesto in behalf of what you are pleased to term the rights of a great 
nation, " by so many titles respectable. " 

Whatever opinions you may have entertained in relation to the difficulties 
existing between Mexico and Texas can not materially vary the facts and 
principles involved, nor will they materially influence the decision of man- 
kind upon the justice of oar cause. 

Decency and self-respect, at least, should have induced, on your part, the 
pursuit of a course differejit from that which you have adopted. The abuse 
and ribald epithets which you have applied to the citizens oi this country, 
as well as those of the Mississippi valley of the United States, are doubtless 
characteristic of the individual who gave them utterance. So far as the 
people of this country are concerned, I shall refer mankind to a history of 
facts and circumstances connected with the settlement of the country. I 
shall pass by with slight notice your remarks relative to the people of the 
United States, So far as our origin is connected with them, and the unity 
of sympathy exists, we are proud to hail them as our kindred — kindred in 
blood, kindred in laws, kindred in all the ennobling attributes of humanity. 
They will hear your taunts of defiance with the same contempt and derision 
that Texans regard your silly gasconade. If they have heretofore sympa- 
thized with us in our struggle for liberty and independence, it was from a 
knowledge of the fact that we had been deceived and oppressed by Mexico, 
and that the cause in which we were engaged was that of humanity strug- 
gling against usurpation and despotism. 

The people of Texas were invited to migrate to this country for the pur- 
pose of enjoying equal rights and constitutional liberty. They were prom- 
ised the shield of the Constitution of 1824, adopted by Mexico. Confiding 
in this pledge, they removed to the country to encounter all the privations 
of a wilderness, under the alluring promises of free institutions. Other 
reasons operated also. Citizens of the United States had engaged in the 
revolution of Mexico, in 18 12. They, fought gallantly in the achievement 
of Mexicon independence, and many of them survive, and to this day oc- 
cupy the soil which their privations and valor assisted in achieving. On 
their removal here, they brought with them no aspirations or projects but 
such as were loyal to the Constitution of Mexico. They repelled the Indian 
savages ; they encountered every discomfort ; they subdued the wilderness, 
and converted into cultivated fields the idle waste of this now prolific ter- 
ritory. Their courage and enterprise achieved that which the imbecility of 
j^our countrymen had either neglected, or left for centuries unaccomplished. 
Their situation, however, was not disregarded by Mexico, though she did 
not, as might have been expected, extend to them a protecting and fostering 
care, but viewed them as objects of cupidity, rapacity, and at last jealousy. 

The Texans, enduring the annoyances and oppressions inflicted upon 
them, remained faithful to the Constitution of Mexico. In 1832, when an 
attempt was made to destroy that Constitution, and when you, sir, threw 
yourself forward as its avowed champion, you were sustained with all the 
fidelity and valor that freemen could contribute. On the avowal of your 
principles, and in accordance with them, the people put down the scrviles of 



Scathing Rebuke of Santa Anna. 351 

despotism at Anahuac, Velasco, and Nacogdoches. They treated the cap- 
tives of that struggle with humanity, and sent them to Mexico subject to 
your orders. They regarded you as the friend of liberty and free institu- 
tions ; they hailed you as a benefactor of mankind ; your name and your 
actions were lauded, and the manifestations you had given in behalf of the 
nation were themes of satisfaction and delight to the Texan patriots. 

You can well imagine the transition of feeling which ensued on your ac- 
cession to power. Your subversion of the Constitution of 1824, your estab- 
lishment of centralism, your conquest of Zacatecas, characterized by every 
act of violence, cruelty, and rapine, inflicted upon us the profoundest as- 
tonishment. We realized all the uncertainty of men awakening to reality 
from the unconsciousness of delirium. In succession came your orders for 
the Texans to surrender their private arms. The mask was thrown aside 
and the monster of despotism displayed in all the habiliments of loathsome 
detestation. Then was presented to Texans the alternative of tamely 
crouching to the tyrant's lash, or exalting themselves to the attributes of 
freemen. They chose the latter. To chastise them for their presumption 
induced your advance upon Texas, with your boasted veteran army, muster- 
ing a force nearly equal to the whole population of this country at that time. 
You besieged and took the Alamo ; but under what circumstances.'' Not 
those, surely, which should characterize a general of the nineteenth century. 
You assailed one hundred and fifty men, destitute of every supply requisite 
for the defense of that place. Its brave defenders, worn by vigilance and 
duty beyond the power of human nature to sustain, were at length over- 
whelmed by a force of nine thousand men, and the place taken. I ask you, 
sir, what scenes followed } Were they such as should characterize an able 
general, a magnanimous warrior, and the President of a great nation num- 
bering eight millions of souls .'' No. Manliness and generosity would sicken 
at the recital of the scenes incident to your success, and humanity itself 
would blush to class you among the chivalric spirits of the age of vandal- 
ism. This you have been pleased to class in the " succession of your victo- 
ries "; and I presume you would next include the massacre at Goliad. 

Your triumph there, if such you are pleased to term it, was not the triumph 
of arms— it was the success of perfidy. Fannin and his brave companions 
had beaten back and defied your veteran soldiers. Although outnumbered 
more than seven to one, their valiant, hearty, and indomitable courage, with 
holy devotion to the cause of freedom, foiled every effort directed by your 
general to insure his success by arms. He had recourse to a flag of truce ; 
and when the surrender of the little patriot band was secured by the most 
solemn treaty stipulations, what were the tragic scenes that ensued to Mex- 
ican perfidy } The conditions of the surrender were submitted to you ; and, 
though 3'ou have denied the facts, instead of restoring them to liberty, ac- 
cording to the capitulation, you ordered them to be executed contrary to 
every pledge given them, contrary to the rules of war, and contrary to every 
principle of humanity. Yet at this day, you have the effrontery to animad- 
vert upon the conduct of Texans relative to your captivity after the battle 
of San Jacinto. 

You have presumed to arraign : he conduct of the then existmg Cabinet, 



352 Houston^ s Literary Remains. 

and to charge it with bad faith ; and though you are pleased to commend 
the conduct of the illustrious Stephen F. Austin, the father of Texas, and 
myself, for acts of generosity exercised toward you, you take much care to 
insinuate that we only were capable of appreciating your proper merits. 
That you may no longer be induced to misconstrue acts of generosity and 
appropriate them to the gratification of your self-complacent disposition, I 
will inform you that they were acts of magnanimity characteristic of the 
nation to which we belong. They had nothing to do with your merits or 
demerits. The perfidy and cruelty which had been exercised toward our 
companions in arms did not enter into our calculation. Your sacrifice would 
not restore to our gallant companions their lives, nor to our country their 
services. Although the laws of war would have justified the retaliation of 
your execution, yet it would have characterized the acts of a nation by pas- 
sion and revenge ; and would have evinced to the world that individuals 
who had an influence on the destinies of a people were subject to the capri- 
cious impulses of vengeance, of which you had so recently set an example. 

So far as I was concerned in preserving your life and subsequent libera- 
tion, I was only influenced by considerations of mercy, humanity, and the 
establishment of a national character. 

Humanity was gratified by your preservation. The magnanimous of all 
nations would have justified your release, had they known how little its in- 
fluence was dreaded by the Texans. If, upon your return to Mexico, you 
should have power, and a disposition to redeem the pledges you had volun- 
tarily made to myself, as well as this Government, of an earnest disposition 
to see the independence of Texas recognized by Mexico, I believed it would 
have a tendency to restore peace to the two nations, diminish the aggregate 
sufferings of their citizens, and promote the prosperity of both countries. 
In the event that you were not disposed to redeem the pledges thus given, 
but urge a prosecution of the war by Mexico against us, I wished to evince 
to mankind that Texans had magnanimity, resources, and confidence suffi- 
cient to sustain them against all your influence in favor of their subjugation. 

Your liberation was induced by such principles as these; and though you 
tendered pledges, doubtless to facilitate and insure your release, they were 
received, but not accepted, as a condition. I believe that pledges made in 
duress are not obligatory upon the individual making them ; and, if you in- 
tended to e.xercise the influence which you declared you would, the uncon- 
ditional liberty extended to you would interpose no obstacle to their fulfill- 
ment. 

Without adverting to any treaty stipulations which you had made with 
the Cabinet of Texas, I gave you your entire liberty and safe conduct to 
the city of Washington. 

You have asserted to the world that you have given no pledge to the 
Texan Government whatever of your disposition in favor of its separation 
from Mexico. That the tribunal to which you have appealed, may judge of 
the validity of your assertion, I shall submit with this communication a 
letter of yours addressed to me at Columbia, dated the 5th November, 1836, 
after my determination to give you your liberty had been communicated. 
I shall present it in the original, accompanied with its translation into En- 



Tlie Humanity to Santa Anna as Prisoner. 353 

gUsh. I will also give publicity to a veto which I communicated to the Sen- 
ate, in consequence of a resolution of that honorable body respecting your 
detention as a prisoner. 

You have spoken of events subsequent to the battle of San Jacinto, and 
endeavor to convey the idea that promises had been extorted from you 
"under the rifles of a tumultuous soldiery." I am at a loss to comprehend 
your meaning by this reference. When you were brought into the encamp- 
ment as a prisoner, the second day after the battle, you were conducted to 
the presence of the commander-in-chief — not amidst noise and tumult, nor 
did any exist. When the character of the prisoner became known to the 
army, much curiosity was excited ; but there was no menace used nor vio- 
lence offered. You were treated with calmness, and every courtesy extended 
to you that our situation would afford. Had you been a private gentleman 
and friend, you could have received no greater facilities than those which 
were extended to you. As you desired, you were placed near my person, 
and were never sent with the rest of the prisoners. You were informed that 
you could have your camp-bed and markee brought to my quarters, where I 
lay confined with my wound. You were permitted to command the services 
of your attendants. You were informed, also, that your baggage would be 
selected from the spoils taken by the army on the field ; which was accord- 
ingly done, and never inspected. These privileges were granted by my 
order. Your aide-de-camp. Colonel Almonte, and your private secretary, 
were permitted to remain with you in your markde. A guard was detailed 
for the purpose of allaying any apprehension you might have for your per- 
sonal safety, and every liberty extended to you except your absolute release. 

You submitted propositions to me embracing the questions of the recog- 
nition of the Texan independence, and the termination of our struggle. I 
unequivocally refused the acceptance of any offer upon the subject of a 
treaty, alleging as reasons that we had a constitutional Government, and 
that the subject would properly come before the Cabinet of Texas, the mem- 
bers of which would be present in camp within a few days. You urged the 
further consideration of your propositions upon me, declaring that you 
would rather enter into stipulations with a General of the army than with 
the civil authorities of the country. I positively declined taking any action 
upon them, and they were referred to the Cabinet on its arrival. Declining 
the consideration of your proposals myself, I required you to issue orders 
forthwith to the General next in command to evacuate Texas with the 
troops composing the Mexican army, and to fall back with them to Monte- 
rey. Orders to this effect were issued by you to General Filisola, and dis- 
patched by an express, which could not overtake him, however, until he 
had reached the Colorado on his retreat, conducted in the greatest panic 
and confusion. Owing to his precipitate flight, and your execution of my 
orders, the Mexicans were permitted to leave Texas without further moles- 
tation. 

In the meantime. General Adrian Woll, of the Mexican army, came into 

the encampment at San Jacinto without my knowledge, and not " upon my 

word or honor "; nor was I apprised of his presence until I learned that he, 

together with his aide, had been traversing our lines. So soon as I was 

23 



354 Houstoii's Literary Remains. 

advised of this fact I ordered tiiem to my presence, and instructed them 
that such conduct would not be tolerated, and caused them to be placed 
under vigilance. This reason I deemed sufficient to detain General Woll 
as a prisoner of war. His subsequent conduct to Captain Dimitt was such 
as to justify any unfavorable opinion which I had formed of his character. 
He had rendered himself so obnoxious to the army, that, from a desire for 
his personal security, I did not permit his release until he could go in per- 
fect safety. In no respect had the prisoners taken on that occasion reason 
of complaint. Their lives were all forfeited by the laws of war, conform- 
ably to the precedent which you had exhibited. 

General Cos, who had surrendered in 1835, a prisoner of war, at San Anto- 
nio, where one hundred and ninety-five Texans stormed and took the Alamo, 
with the town, when it was defended by seventeen hundred regular troops 
of Mexico, was again taken prisoner at San Jacinto, after he had violated 
his parole of honor, by which he had forfeited his life to the law of arms. 
Yet such was the lenity of Texans that even he was spared, thereby inter- 
posing mercy to prevent reclamation being made for the brave Texans per- 
fidiously massacred. 

From the 5th of May I had no connection with the encampment, nor the 
treatment which the prisoners received, until the month of October, when 
I was inducted into the office of chief magistrate of the nation. It is true 
that you were chained to an iron bar, but not until an attempt had been 
made to release you, with your knowledge and assent. A vessel had arrived 
at Orizimbo, on the Brazos, where you were confined. In possession of its 
captain were found wines and other liquors mixed with poison, for the pur- 
pose of poisoning the officers and guard in whose charge you were, and 
thereby insuring your escape. In consequence of the sensation produced 
by this circumstance, you were confined and treated in the manner you 
have so pathetically portrayed. 

Whilst confined by my wounds in San Augustine, I learned that it was 
the intention of the army to take you to the theater of Fannin's massacre, 
and there to have had you executed. Upon the advertisement of this fact, 
I immediately sent an express to the army solemnly protesting against any 
such act, and interposing every obstacle possible against your further mo- 
lestation, or any action which might not recognize you as a prisoner of war. 

Your recent communications have necessarily awakened attention to these 
facts, otherwise they would have remained unrecited by me. Any part 
which I bore in the transaction is not related in imitation of the egotistical 
style of your communication. It is done alone for the purpose of present- 
ing the lights of history. You have sought to darken its shades, and appeal 
to the sympathies and command the admiration of mankind, and have even 
invoked " the prismatic tints of romance." 

Now, the tribunal to which you have appealed will have an opportunity 
of contrasting the treatment which you and the prisoners taken at San Ja- 
cinto received, with that of those who have fallen within your power, and 
particularly those perfidiously betrayed on a recent trading excursion to 
Santa Fe. You have endeavored to give that expedition the complexion of 
an invading movement upon the rights of Mexico. To believe you serious 



Mexican Perfidy to Texan Traders. 35.'> 

in the idle display of words made on this occasion, would be presenting an 
absurdity to the common-sense of the age. Your fears may have given it a 
character different from that to which it was entitled. Examine the cir- 
cumstances accompanying it. It was not an act of Texas. Congress had 
refused to sanction any enterprise of the kind. A number of individuals 
were anxious to open a lucrative trade (as they believed it would be) with 
Santa Fe. Such a commerce has been carried on for years by the citizens 
of the United States from Missouri ; and the preparations, connected with 
the fact that the citizens took with them a considerable amount of mer- 
chandise, show that their enterprise was not one of conquest or invasion. 
You may allege that it had connection with the Government, from the fact 
that the President identified himself with it, by furnishing arms to those 
connected with the project. This may have induced you to characterize 
the expedition as you have in your tirade against Texas. Whatever part the 
President bore in this transaction was contrary to law and in violation of 
his duty. A large portion of the people of Texas were apprised of the 
existence of such an enterprise. You doubtless would insist that it had 
means of offense against Mexico. So far as their preparation could give 
character to the undertaking, by carrying with them artillery and other 
munitions of war, it can be accounted for most readily. They had to pass 
through a wilderness six hundred miles from the frontier of Texas before 
they could reach Santa ¥&. It was reasonable to suppose that they would 
encounter many hostile tribes of Indians, and it was proper and necessary 
that they should be in a situation to repel any attacks made upon them, 
and, as their objects were pacific, they were justified in resisting aggression 
from any quarter. The instructions given to them by the President did not 
contemplate hostilities, but that the enterprise would terminate without 
bloodshed and violence. Scientific gentlemen from Europe and the United 
States accompanied them, not for warlike purposes, but for the purpose of 
adding rich stores to the treasury of science. It had likewise been com- 
municated to the people of Texas that all the inhabitants east of the Rio 
Grande were anxious to enjoy the benefits of our institutions. You can not 
allege that you were not willing to admit the justice of our claims to the 
Rio Grande, or that you were not anxious to facilitate the object. Your 
communication to me on that subject is conclusive. Texans were apprised 
of it from your repeated declarations to that effect while in this country, 
and on your way to Washington city. At the time the expedition started 
no hostilities were carried on between this country and Mexico. Commis- 
sioners from General Arista were at Austin at the time the party started for 
Santa Fe. They were kindly received, and made the most sincere profes- 
sion of amity and reconciliation with this Government. They were treated 
with kindness, and corresponding commissioners appointed to General 
Arista. To them every facility was extended, and they were permitted to 
return without molestation. This was the attitude of the two countries at 
that time. Will you allege that this was not sanctioned by your Government, 
or will you insist that it was a trick of diplomacy ? For myself, I would not 
have been deluded by any professions which might have been tendered to 
Texas by Mexico, when a departure from the most solemn pledges would 
result in injury to the former and benefit to the latter. 



356 HcmstorCs Literary Remains. 

That the ministers of General Arista played their parts with fidelity to 
their instructions, I have no doubt ; also that all the information that could 
be derived in relation to the trading company was faithfully transmitted to 
the Government of Mexico. Nor do I doubt but that the population of the 
northern parts of your country, so soon as the intelligence was received, 
were thrown into the utmost consternation, and a nation numbering 
eight millions of people, inhabiting " valleys, mountains, towns, and large 
cities," " by so many titles respectable," was convulsed at the apprehended 
approach of three hundred Texan traders ! But what has been the sequel 
of this expedition ? On their approach to the settlements of the Rio Grande 
they obtained supplies from the inhabitants, not as a hostile and marauding 
party, but they paid a valuable consideration for every supply they obtained. 
They were met by the Mexican authorities with overtures of peace, assur- 
ances of friendship, and pledges of security, provided they would give up 
their arms for the purpose of tranquillizing the Mexican population. De- 
tached, as the company was, into parties remote from each other, and de- 
luded by pledges, they acquiesced in the wishes of the authorities of the 
country, thereby evincing to them that they had no disposition to disturb 
the tranquillity of the inhabitants, and that their objects were pacific. But 
no sooner were they in the power of the authorities than they were stripped 
of their clothing, deprived of everything valuable, treated in the most bar- 
barous manner, and marched like convicts to the capital of Mexico. On 
their route every act of inhumanity, cruelty, and hatred was evinced. When 
their sick and helpless condition required the assistance of Christian char- 
ity and humanity, it was denied them. They were barbarously shot, their 
bodies mangled, and their corpses left unburied. The butchery of McAllis- 
ter, Galphin, Yates, and others, appeal to Heaven and this nation for retri- 
bution upon the heads of their inhuman murderers. You may allege that 
you did not authorize the perpetration of these outrages, committed upon 
men who had violated no rule of law known to this civilized age. This will 
be no excuse for you. Your sanction of these acts is as culpable as their 
perpetration was degrading to their authors. Their detention as prisoners 
by you may gratify the malignity of little minds; but the just, the chivalric, 
the brave, and the generous of all nations may pity, but must despise your 
conduct. Had it not been for the faithless professions tendered to them, 
and their too ready belief, they could have maintained their position against 
all the forces of northern Mexico, and, if necessary, could have made good 
their retreat to their homes, defying the " generous effort of the people of 
New Mexico." Your conduct on this occasion will present your humanity 
and sense of propriety in very awkward contrast with the treatment ex- 
tended to you and your followers after the victory of San Jacinto, being 
not, as you suppose, one of the " freaks of fortune," but one of the accom- 
paniments of that destiny which will mark the course of Texas until the 
difficulties between the two countries shall be satisfactorily adjusted. 

But you declare that you will not relax your exertions until you have subju- 
gated Texas ; that you " have weighed its possible value," and that you are per- 
fectly aware of the magnitude of the task which you have undertaken ; that you 
" will not permit a colossus within the limits of Mexico "; that our title is that 
of " theft and usurpation," and that " the honor of the Mexican nation " demands 



Mexican Bombast fitly Answered. 357 

of you " the reclamation of Texas "; that " if it were an unproductive desert, 
useless, sterile, yielding' nothing desirable, and abounding' only in thorns to 
wound the feet of the traveler, you would not permit it to exist as an indepen- 
dent government, in derision of your national character, your hearths, and your 
individuality." Allow me to assure you that our title to Texas has a high sanc- 
tion : that of purchase, because we have performed our conditions ; that of con- 
quest, because we have been victorious ; it is ours because you can not subdue 
us ; it has been consecrated ours by the blood of martyred patriots ; it is ours 
by the claims of patriotism, superior intelligence, and unsubduable courage. It 
is not a sterile waste or a desert ; it is the home of freemen — it is the land of 
promise — it is the garden of America. Every citizen of Texas was born a free- 
man, and he would die a recreant to the principles imbibed from his ancestry, 
if he would not freely peril his life in defense of his home, his liberty, and his 
country. --=-=^ 

Although you are pleased to characterize our occupation of Texas and defense \ 
of our imprescriptible rights as the " most scandalous robbery of the present 
age," it is not one-fourth of a century since Mexico perpetrated a similar rob- 
bery upon the rights of the Crown of Spain. The magnitude of the theft may -^ 
give dignity to the robbery. In that you have the advantage. /That you should 
thus have characterized a whole nation I can readily account for. Heretofore 
you entertained the opinion that Mexico could never conquer Texas, and, if it 
were possible for her to drive every Texan from the soil, that Mexico could not 
maintain her position on the Sabine, and the retreat of her army would be the 
signal for the return of the Anglo-Saxon race, who would reoccupy their homes 
and pursue the Mexicans as far as the Rio Grande ; and that Mexico, in preser- 
vation of the integrity of the territory which she then possessed, would gain an 
advantage by abandoning all hopes of conquering Texas, and direct her atten- 
tion to the improvement of her internal condition. Your recent opinions, as de- 
clared by you, appear to be at variance with these speculations, and are most 
vehemently avowed. It is an attribute of wisdom to change opinions upon con- 
viction of error, and perhaps for it you are justifiable; at least, I discover that 
you have one attribute of a new convert : you are quite zealous and wordy in the 
promulgation of the doctrine which you have espoused. 
--/^"Sir, from your lenity and power Texans expect nothing — from your humanity 
less ; and when you invade Texas you will not find " thorns to wound the foot 
of the traveler," but you will find opposed to Mexican breasts, arms wielded by^^ 
freemen of unerring certainty, and directed by a purpose not to be eluded.^^ 
Texans war not for gewgaws and titles ; they battle not to sustain dictators or 
despots ; they do not march to the field unwillingly, nor are they dragged to the 
army in chains, with the mock-nile of volunteers. For awhile they lay by the 
implements of husbandry, and seize their rifles ; they rally in defense of their 
rights; and, when victory has been achieved, they return to the cultivation of 
the soil. They have laws to protect their rights. Their property is their own. 
They do not bow to the will of despots ; but they bow to the majesty of the 
Constitution and laws. They are freemen indeed. ) It is not so with your nation. -- 
From the alcalde to the dictator, all are tyrants m Mexico ; and the community 
is held in bondage, subject not to law, but to the will of a superior, and confined 
in hopeless subjection to usurpation, - — — -^^ 

In an individual so intelligent as yourself, it does seem to me that ycu have 



358 HoustorCs Literary Remains. 

evinced very bad taste by adverting to the subject of slavery, in the internal 
affairs of this country. Your opinions, whilst here, on this subject were fully 
and freely avowed. You then believed that it would be of great advantage to 
Mexico to introduce slave labor into that country; that it would develop her re- 
sources, by enabling her to produce cotton, sugar, and coffee, for purposes of 
exportation ; and that without it she would be seriously retarded in her march 
to greatness and prosperity. Your sympathy and commiseration at present ex- 
pressed, are no doubt very sincere, and I only regret that they partake so little 
of consistency. You boast that Mexico gave the noble and illustrious example 
of emancipating her slaves. The fact that she has the name of having done so, 
has enabled you to add another flourish to your rhetoric. But the examination 
of facts for one moment will disclose the truth. The slaves of Mexico, you say, 
were emancipated. Did you elevate them to the condition of freemen ? No, 
you did not; you gave them the name of freedom, but you reduced the common 
people to the condition of slaves^ It is not uncommon in Mexico for one digni- 
tary, upon his hacienda, to control from one hundred to ten thousand human 
beings, in a state of bondage more abject and intolerable than the negroes on 
any cotton plantation in this country. If an individual in Mexico owes but 
twenty-five cents, by application to an alcalde the creditor can have him, with 
his family, decreed to his service, and to remain in that state of slavery until he 
is able to pay the debt from the wages accruing from his labor, after being com- 
pelled to subsist his dependent family, ,'^his you call freedom ; and graciously 
bestow your sympathy upon the African race. The Abolitionists of the present 
day will not feel that they are indebted to you for your support of their 
cause. Had some one else than the dictator of Mexico, or the self-styled " Na- 
poleon of the West" — the subverter of the Constitution of 1824, the projector 
of centralism, and the man who endeavors to reduce a nation to slavery — be- 
come their advocate, they might have been more sensible of their obligation. 
Slavery is an evil) it was entailed upon us by Mexico. So far as its increase can 
be prevented, our Constitution and laws have presented every obstacle. They 
will be maintained to the letter : and on account of slavery, Texas will incur no 
reproach. 

You tauntingly invite Texas to cover herself anew with the Mexican flag. 
You certainly intend this as mockery. You denied us the enjoyment of the laws 
under which we came to the country. Her flag was never raised in our behalf, 
^or has it been seen in Texas unless when displayed in an attempt at our sub- 
jugation. We know your lenity — we know your mercy — we are ready again to 
test your power. You have threatened to plant your banner on the banks of the 
Sabine. Is this done to intimidate us ? Is it done to alarm us.? Or do you 
deem it the most successful mode of conquest ? If the latter, it may do to 
amuse the people surrounding you. If to alarm us, it will amuse those convers- 
ant with the history of your last campaign. If to intimidate us, the threat is 
idle. We have desired peace. You have annoyed our frontier — you have har- 
assed our citizens— you have incarcerated our traders, after your commissioners 
had been kindly received, and your citizens allowed the privileges of commerce 
in Texas without molestation — you continue aggression — you will not accord us 
peace. We will have it. You threaten to conquer Texas— we will war with 
Mexico. Your pretensions, with ours, you have reff^rred to the social world 
and to the God of Battles. We refer our cause to the same tribunals. The 



Engli'^h and FreincJi Oppofdtion to Annexation. 359 

issue involves the fate of nations. Destiny must determine. Its course is only 
known to the tribunal of Heaven. If experience of the past will authorize spec- 
ulations of the future, the attitude of Mexico is more " problematical " than that 
of Texas. 

In the war which will be conducted by Texas against Mexico, our incentive 
will not be a love of conquest ; it will be to disarm tyranny of its power. We 
will make no war upon Mexicans, or their religion. Our efforts shall be made 
in behalf of the liberties of the people, and directed against the authorities of the 
country, and against_ytf«r principles. We will exalt the condition of the people 
to representative freedom ; they shall choose their own rulers ; they shall pos- 
sess their property in peace, and it shall not be taken from them to support an 
armed soldiery, for the purpose of oppression. 

With these principles, we will march across the Rio Grande ; and believe me, 
sir, ere the banner of Mexico shall triumphantly float on the banks of the Sabine, 
the Texan standard of the single star, borne by the Anglo-Saxon race, shall dis- 
play its bright folds in liberty's triumph on the Isthmus of Darien. 

With the most appropriate consideration, I have the honor to present you my 
salutation. 

Sam Houston. 

To His Excellency, Antonio Lopez de Santa Anna, 

President of the Republic of Mexico. 



We are now obliged to cut short our relation of events in detail, to give a 
brief account of other more important movements. Confidence began to be 
restored. One open rebellion against the laws of the country Houston put down 
by going to the scene, and calling out the militia. When desperadoes found 
there was a man at the head of affairs, who could not be trifled with, they soon 
disbanded, and the supremacy of law was again restored. A new set of men 
were in office — ^justice was efficiently administered — economy was observed, and 
although there had been saddled an enormous debt upon the country, which 
could not be discharged for a long time to come, yet public credit was being 
restored, and men began to feel proud of their Government. 



DISPATCH TO TEXAN MINISTERS AT WASHINGTON CITY. 

OFFICIAL. 

City of Houston, April i6, 1844. 
Gentlemen : — Your notes have both reached me, one of the 30th ult., and 
one of the ist inst. To-day I forward to the State Department all my dis- 
patches. 

/--''"Colonel Ashbel Smith, our Charge d'Affaires, writes from Paris, under date 

1 29th February, thi important fact : " The French and British Governments have 

united in a protest to the United States against the annexation of Texas to the 



/ 



360 Houstori's Literary Remains. 

Union." This is an important fact. Never has the situation of Texas been so 
interesting since the 21st of April, 1836, as at this moment. You may rely upon 
it, if the Government of the United States does not act immediately, and con- 
summate the work of annexation, Texas is forever lost to them. 

In my opinion, England and France will say to Texas, " If you will agree to 
remain separate forever from the United States, we will forthwith prevent all 
further molestation to you from Mexico, and guarantee you independence, agree- 
ably to your institutions now established and avowed." You can not fail to dis- 
cover what would be the proper course of Texas in such an event. Texas has 
done all that she could do to obtain annexation ; and you may rely upon this fact, 
in the event of a failure, that Texas will do all that she should do. \ 

If a treaty is made, it will of course have been done after the pledges given by 
the United States Charge d'Affaires have been recognized by his Government ; 
and then we are secure. If a treaty has been made, and those pledges exacted 
by you, and it should be rejected, it will be proper to ascertain if annexation can 
take place by Congressional action, and this done promptly. Should all fail, you 
will forthwith call upon Mr. Packenham, the French Minister, as well as also 
the Government of the United States, and after suitable conversations and ex- 
planations, present to them the subject of a triple guarantee for our indepen- 
dence, and to prevent all further molestation, or at least an unlimited truce with 
Mexico. And then, if all prospect of annexation fails with the Government of 
the United States, and it should refuse to unite upon the basis here laid down, 
you will then, so far as practicable, arrange the matter with France and Eng- 
land, and General Henderson, with Mr. Miller, Secretary of the Secret Lega- 
tion, will make a visit of leave to the heads of the proper Departments, and re- 
turn to Texas. Texas ought not, can not, and will not remain in its present 
situation. 

The subject of annexation has already embarrassed our relations with Mexico. 
The truce will end on the tirst of May, as I presume, for I did not accede to the 
terms of the armistice, since Texas was recognized as a " Department of Mex- 
ico," in the terms of agreement between the commissioners. Mexico was well 
disposed to settle matters very amicably, when our commissioners arrived at 
Sabinus, but one of the Mexican commissioners was too unwell to proceed to 
business. When he recovered, the subject of annexation was mooted in the 
United States, and the Texan Congress ; all of which had reached Mexico. Of 
^these facts, in part. General Henderson was apprised ; and the anticipated rupt- 
ure of our negotiations with Mexico was one reason why I was so careful to re- 
quire of General Murphy (endorsed by his Government), such pledges as would 
secure us against all contingencies that might arise to us, in consequence of our 
opening negotiations with the United States, on the subject of annexation. 
-"""This Government has been called on, and requested by her Majesty's Govern- 
ment, to state our relation to the Government of the United States. It was due 
to England, and her Majesty's Government was informed that an agent, Gen. 
Henderson, had been sent to Washington city to negotiate upon the subject of 
annexation ; but the particulars were not rendered^ Since this occurred, I had 
an interview with Captain Elliot, and I do not think the British Government 
will withdraw its friendly offices from the subject of peace between Texas and 
Mexico. 



Tlie Attitude of Texan as to Annexation. 361 

It is reported here that the Government of the United States has refused to 
sanction the pledg'es given by General Murphy. This surely can not be the 
case. If so, you will have found yourselves in a most awkward dilemma. What 
— disavow such pledges when they were based upon Mr. Upshur's letter? I 
can not believe this, unless the United States desired Texas to surrender herself 
to the uncertainty, or chances of annexation, contingent upon the various politi- 
cal influences which might interpose to the consummation of the object, and 
subject us to the injurious and annoying action of Mexico, instigated by the ad- 
hesion of Texas to the United States. A refusal on the part of that Govern- 
ment to secure us against consequences, which it has produced by direct solici- 
tation of us, would be selfish in the extreme, and indeed I can not conceive ap- 
^propriate terms in which to characterize such conduct and policy, in an official 
dispatch. It would amount to this only — that if anything could be made out of 
Texas, by the United States, they were prepared and willing to derive the ad- 
vantage, and if that could not be done, they wished to incur no responsibility 
on the account of Texas, but leave her to all the consequences which might 
possibly result to her from the course which her generosity and credulity might 
induce her pursue. Pitiable would our situation be if we were not annexed, and 
had required no pledges ; fortunately, this is not our situation. 

You have now all the grounds before you, and I hope you will ponder wisely 
and proceed securely for our safety. 

It is palpable scandal to the nineteenth century, that statesmen should be 
prating about the emancipation of persons born and their race held in sla- 
very, by the custom and consent of nations for centuries, while they permit 
Santa Anna to forge and rivet chains upon eight millions of people who were 
born free. Thus will the horrors of slavery be increased, with design to render 
his success subservient to the subversion of the liberties of Texas, and form a 
new era in the history by degrading to slavery a portion of the Anglo-Saxon 
race. This ought not, and can not be. It argues on the part of statesmen a 
want of perception, as well as self-respect. 

Gentlemen, you will keep the Government advised by every mail, and daily, 
of important events as they transpire. If you should be thrown for future reliance 
upon the friendly offices of Great Britain and France, you will, if possible, as- 
certain from them if they will act promptly, and what conditions they will ex- 
pect of this Government. 

Mr. Van Zandt has written that the United States were not willing to form _. 
any alliance with Texas, as it was contrary to their policy. (Hence the necessity, 
upon the failure of the immediate annexation of this country to the confederacy 
of the North, and you will, as I have indicated, approach the Governments of 
England and France. ^ 

It is the first duty of statesmen and patriots to insure the liberty and well- 
being of their country. This is now our attitude, and every honest man in 
Texas will justify and approve that policy, which will place us in a situation 
where our liberties are secured, whether it be by annexation, or the establish- 
ment of our independence. France and England will act effectively, if we do 
not permit ourselves to be trifled with and duped by the United States^»> But of 
this subject, as your situation may soon call your attention to it, you will be the 
best judges. 



362 Houston's Litei^ary Remains. 

This letter does not cancel former instructions from the Department ; but it 
is designed to meet emergencies which may arise, or remedy those which have 
already arisen. Having awaited the arrival of your dispatches, and there being 
no time to forward them, and send a reply from the State Department, I have 
deemed it proper to write to you directly by the return mail ; so that you may 
be readv, in the event of necessity, to take such action as our situation may re- 
quire, and be prepared for contingencies. 

I have the honor to be, your obt. servant, 

Sam Houston. 
To Gen. J. P. Henderson and Hon. Isaac 
Van Zandt, etc., etc., etc. 



} 



LETTER TO SANTA ANNA. 

Executive Department, 
Washington, July 29, 1844. 
To His Excellency, General Antonio Lopez de Santa Anna, Presi- 
dent of the Repitblic of Mexico : 

It appears by a letter received from General Adrian Woll, under date of the 19th 
ultimo, that you have entertained a desire to communicate with this Govern- 
ment. I regret, however, extremely, that in so doing, you should have indulged 
in a departure from the courtesy which ordinarily obtains in the correspondence 
between civilized States of the present age. There are certain designated and 
universally acknowledged channels of intercourse between nations, such as the 
Department of State, or Foreign Affairs. 

Through your subaltern. General Woll, you have, in the communication to 
which 1 allude, addressed no Government, or functionary of any Government. 
It is, however, addressed to Texans ; but in language which even common 
courtesy does not sanction. 

For the information of your Excellency, I will suggest, that the commission 
sent out by this Government for the purpose of regulating the conditions of an 
armistice between the two countries was authorized by the President of Texas, 
and as such must have been communicated to your Excellency ; otherwise they 
could not have been received in their official capacity. Their credentials alone 
entitled them to the recognition of yourself or officers. 

The Texan commissioners had special and prescribed powers delegated to 
them, and all their acts were subject to the review and rejection, or approval of 
the Executive. Without approval, they could acquire no validity. The desig- 
nation of Texas as a department of the Mexican confederacy so called, was 
highly obnoxious to the President, and consequently the conduct of the com- 
missioners was, at once, disapproved. For this, you are now, sir, pleased to 
express, through your subaltern, your indignation at the perfidiotts conduct of 
the people of Texas. 

I regret much that you have given this complexion to the affairs of the two 
countries. When men, by chance or Providence, have been elevated to the rule 
of nations, and entrusted with the protection of the best interests of the people. 



Santa Anna\^ Charge of Texan Perfidy. 363 

it must be considered a great misfortune if they entail upon them calamities 
which their duties as philanthropists should teach them to avert. 

When belligerents, even in the most angry excitement of feeling, are arrayed 
against each other, it is but proper that their chieftains should preserve toward 
each other that comity which might render them approachable, and thereby 
avert great human suffering and the effusion of human blood. When war rages, 
all ranks and conditions are subject to its agitations and calamities. Texas has 
already endured the extremest agony, and will endeavor to profit by her experi- 
ence. Against her, you have again denounced war. We will await the event. 
Eight years ago, you were a suppliant ; obtained your liberation without ran- 
som, and acknowledged the Government of Texas. If Texas existed then as a 
nation, her recognition since then by other powers, and her increased commer- 
cial relations, would well excuse your recognition now of her sovereignty. But, 
sir, you speak of your resources and power. They were defied and triumphed 
over in 1836 ; and if you invade Texas in 1844, you will find neither her prowess 
nor the success of her arms less complete. 

I desire to know for what reason you have charged the authorities of Texas 
with perfidy. Have they given to Mexico any pledge they have not redeemed } 
They have liberated her chiefs and soldiers taken on the field of battle, without 
obligation so to do. But they are of a race which permit neither their word 
nor their honor to be falsified. How has it been with Mexico.' The capitula- 
tion of Fannin was disregarded, and hundreds massacred in cold blood. You 
indeed denied a cognizance of this fact ; declared that you were implicated by 
the falsehood of General Urrea, and that if you ever returned to your country 
and came into power, you would execute him for his duplicity. Have you done 
it } You have power, but to what purpose } Of the inoffensive traders who 
visited Santa Fe, and capitulated to your officers, what was the treatment ? 

They were slaughtered by the way-side, when unable to march, and their ears 
cut off; evidences, indeed, of barbarity not heard of among nations pretending 
to be civilized, since the ninth century of the Christian era. Again, at the sur- 
render of Mier, your officers pledged to the men the protection due to prisoners 
of war ; in fulfillment of which, they were soon after barbarously decimated, 
and the remainder ever since held in chains and prison. They were also to be 
returned to their home nnmediately after their submission ; but every pledge 
given to them has been violated. Is this good faith? You pledged yourself 
also solemnly, through H. B. M. Ministers, to release the Texan prisoners in 
Mexico, if those of Mexico remaining in Texas should be set at liberty — which 
was done on the part of this Government, by public proclamation, and safe con- 
duct offered to them to return to their country. Have you performed your part 
of the agreement and your duty ? Are they free ? Will all this justify you in 
charging, through General Woll, either the Government or citizens of Texas 
with perfidy, or its Executive with double dealing in diplomacy } 

I regret, sir, extremely, that it has been my duty thus to advert to circum- 
stances which must be as disagreeable to you as to myself. But you have in- 
voked it. 

You have denounced war, and intend to prosecute it ; do it presently. We 
will abide the result. Present yourself with a force that indicates a desire of 
conquest, and with all the appendages of your power, and I may respect your 



364 Houston's Literary Remains. 

effort. But the marauding incursions which have heretofore characterized your 
molestation, will only deserve the contempt of honorable minds. 
I have the honor, etc., etc. 

Sam Houston. 



LETTER TO GEN. ANDREW JACKSON. 

Washington, Texas, January 31, 1843. 

Venerated Friend : — A multiplicity of concerns has prevented me from 
writing oftentimes to you since I had the pleasure of seeing you in Tennessee. 
It has not been for a want of inclination ; nor has it been that I believed it 
would be considered irksome by you to peruse my letters. The many and con- 
tinued regards which you have kindly evinced toward me for the last twenty- 
seven years, and the undiminished confidence reposed in me, are circumstances 
which have instructed me in the assurance that you entertained for me that 
solicitude which will induce sufficient care for me to desire a knowledge of the 
success which may betide me as an individual and a man engaged in the 
amelioration and improvement of the condition of mankind. 

No one can more understandingly appreciate such efforts than yourself, who 
have been engaged for more than half a century in the most arduous labors, and 
constantly opposed by obstacles of every variety of character. You have sur- 
mounted all, and in retirement enjoy a nation's gratitude for the matchless 
benefits which your forecast and patriotism have conferred upon it ; and to this 
is added the admiration of mankind ! You are truly rich in earthly blessings ; 
and I most devoutly hope that the great Dispenser of heavenly rewards will 
grant you an everlasting recompense. 

I have often reflected upon the trials through which you have passed, and ad- 
mired the firmness with which you met and triumphed over opposition. Re- 
cently I have seen from your pen a manly and conclusive vindication of your 
conduct during the defense of New Orleans and subsequent events. If the Ken- 
tuckian has any shame, he has abundant reason to blush for his foul slander 
against you. Whilst you were in the way of aspirants, such things were to be 
looked for ; but when retired to the Hermitage, and in delicate health, 1 had 
hoped, for the honor of my native land, that the quiver of malice and detraction 
had become empty. 

Your persecutors are determined to pursue you to the last ; and if they could 
they would administer to you "vinegar mingled with gall." I commend the 
course pursued by you in this case, as it has presented many facts of history 
which were not before known to the world. I trust, from the masterly vindica- 
tion, that no base or anonymous slanders will ever violate the sanctuary of your 
reputation or repose. Whoever undertakes to do right in a corrupt or degener- 
ate age, or in the midst of factions, demagogues, 01; unprincipled aspirants may 
expect to pay the forfeit of their repose. No man deserves the name nor the 
reward of a patriot who is not willing to hazard everything for his country, and, 
if necessary, to perish for, or with it, rather than to drag out a humiliating 
existence. 



Houston on the Stahility of Constitutions. 365 

Peculiar circumstances influence the course of every man whose duty it is to 
discharge high and important delegated trusts. But if he is an honest man he 
will never yield principle to expediency, in the hope that by some fortunate 
chance he may be enabled to repair the injury which he has inflicted upon his 
country by a wish to conciliate his enemies or temporize for the sake of har- 
mony. To surrender a Constitution to tamperers for plans by which they may 
gain power to subvert principles or the excitement of a populace, actuated by 
demagogues, I regard as an act of foul treason. And he whose duty it is to 
preserve the charter of his country's freedom, and yields to such influences, I 
esteem either a dastard or a traitor. I regret to entertain the impression that 
every day lessens the veneration which men and politicians have heretofore en- 
tertained, or at least professed, for constitutions. Once they were held in ven- 
eration second only to Holy Writ ; but now they are derided by many openly, 
and new theories set up in their place. Statesmen can alone appreciate them, 
and are willing to rely upon them as the only saving principle of self-govern- 
ment. The above doctrine is now openly advocated by many, that Legislatures 
have the right not only to exercise the powers plainly delegated to them by 
the Constitution, but that they have likewise the right to exercise all powers not 
expressly prohibited by the Constitution, thus destroying all the checks and bal- 
ances of free government, and throwing into the hands of the legislative depart- 
ment all the co-ordinate powers of government. This, to my mind, is more 
dangerous to liberty than an assumption by either of the other departments of 
government. For if either of the others should attempt to assume, or actually 
assume, a power or powers not granted, the people would easily become 
awakened to a sense of the danger to which their liberties were subject, because 
they are not regarded so immediately connected with the people as the legisla- 
tive department, and are in their character more responsible. The members of 
Congress being more numerous than the other departments, do not individually 
incur a proportionate degree of responsibility. What a Legislature does is done 
by many, or rather by no one ; but what is done by either of the other remaining 
departments can be readily ascertained, promulgated, and the transgressor 
idpntifled. 

(^Assemblies and deliberative bodies have often destroyed liberty; but no indi- 
viduaT, while deliberative bodies have remained honest and incorruptible, has 
ever overthrown the liberties of any people, and I much doubt if it was ever 
attempted.^ Catiline, though unsuccessful, no doubt had many friends in the 
Roman Senate. Cassar and Pompey both had their adherents, and the corrup- 
tion and the factions of the Senate of Rome invited Caesar to enslave his 
country. Cromwell owed his elevation to a corrupt Parliament, and Napoleon 
was indebted to the oppression and misconduct of the Assembly of France, for 
his power.[^ I have recently seen a display of the danger, but it has passed by. 
If ever the United States do, and they must change their form of government, 
it will be owing to the assumption of powers by the Congress and the frequency 
of elections, which open so wide a field to demagogues for all their infamous 

practices. 

I regard all republics as exposed to similar catastrophes. We may desire that 

period to be far removed from our day when such results must take place, and surely 

every patriot will cherish a hope that such may never be the case. But when we look 



366 HoustoiTbH Literary llemaims. 

through past ages and contemplate the present tendency of the affairs of nations, 
we can not but entertain many painful apprehensions for our own country's safety. 
Demagogues are the agents of mischief, and a little leaven leaveneth the whole 
lump. When the mass of a nation becomes either slavish in spirit or corrupt in 
principle, the friends of liberty are silenced. ,' , ' 

To you. General, I find myself vastly indebted for many principles which I 
have never abandoned through life. One is, a holy love of country, and a will- 
ingness to make every sacrifice to its honor and safety, next a sacred regard for 
its Constitution and laws, with an eternal hostility and opposition to all banks. 

Now, sir, I beseech you to feel assured that no policy, expediency, fear, or 
whim shall ever cause a departure from these principles, but that I will cherish 
them while life endures, as I am capable of feeling one grateful emotion from 
your many acts of affectionate kindness to me, under all circumstances, and in 
every vicissitude of life in which you have known me. 

I will not close this long letter without assuring you that I entertain confidence 
in the speedy success of Texas, if I am sustained in carrying out a wise policy, 
to live within our means, act defensively, cultivate our rich land, raise a revenue 
from import duties, make and keep peace with the Indians, and, if possible, get 
peace with Mexico, in the meantime watch her, be prepared, and if an army in- 
vades us, never to let them return. 

Thy devoted friend, Sam HOUSTON. 



LETTER TO GEN. W. S. MURPHY. 

City of Houston, May 6, 1844. 
To Gen. W. S. Murphy: 

My Dear General : — To-day, Mrs. Houston, Master Sam, and myself, did in- 
tend to go down by the boat ; but as matters now stand, we will not go down 
for some days. I was mortified in not hearing from you, and particularly so, as 
I learn that you are somewhat annoyed by certain influences. These we must 
bear with ; and can do so with a greater spirit of endurance, for we know from 
what cause they arise. It is true that some men are like the fallen angels, and 
would rather rule in hell than serve in heaven ; such men are bad servants of 
the laws, and would make worse rulers than servants. I trust the days of 
anarchy will soon be number^^d, and then cease for a thousand years. 

Can't you come up by the next boat? If you can, it is more than probable 
that we will return with you to the island, or pass a few days or perchance 
weeks. The roads continue impassable to the Trinity, and I must seek to get 
Mrs. Houston to her mother's by water. 

We have no news of interest here. I do not intend leaving until something 
definite transpires. The times are big with events of coming circumstances to 
Texas and the world. I feel that matters now transacting are, if carried out, to 
perpetuate the union of the States, by the annexation of Texas, at least three 
centuries. If it is not done by annexation, the Union will be endangered, their 
revenue diminished, and a European influence grow up in Texas from our 
necessities and interest that will most effectually pretermit the interest of the 



Texas would he more 'prosperous if not Annexed. 367 

United States, so far as they are to look for the sale of their fabrics in the 
southern section of this continent, and a forfeiture of our sympathies. Mexico 
in a short time, by the influence which Texas can command, will yield every- 
thing to the superior energy, activity, and the employment of well-directed 
capital, which will flow to us from Europe, and render us the beneficiaries of a 
vast, important, and extensive trade. All our forts will soon become great com- 
mercial marts ; and places now scarcely noted upon our maps, will be built up 
and grow into splendid cities. These are but few advantages which are noticed ; 
but these, to the statesmen of the United States, ought to cause ceaseless efforts to 
secure so rich a prize. The present movement is the only one the United States 
will ever enjoy to annex Texas. I am intensely solicitous to see the matter con- 
summated and my country at rest. 'Tis true that we are not to be great gainers 
when compared to the United States in what they derive. Had I been at 
Washington, 1 would most certainly have not made a treaty so indefinite as to 
individual rights which may arise and be involved in the subject of annexation. 
We surrender everything, and in reality we get nothing only protection, and 
that at the hazard of being invaded or annoyed by Mexico before any aid could 
be rendered by the United States. I hope that the precaution taken will be 
such as to deter Mexico from any attempt upon us. The fact that the United 
States is one of the rival powers of the world, will render that nation more 
liable to war than we would be as a minor power. 

(^There are a thousand reasons which I could urge why Texas would be more 
secure from troubles if she could have present peace, which she can obtain 
readily if she is not annexed. When we once become a part and parcel of the 
United States we are subject to all their vicissitudes. Their commercial rela- 
tions are extensive, which subjects them to jealousy, and the rivalry of other 
powers who will seek to overreach them and cramp them by restriction and 
annoy them by interferences. They will not be willing to submit to these 
things, and the consequence will be war. Nor will this danger arise from any 
one power of the earth, but from various nations. The v/ealth of European 
nations depends more upon their labor than the people of this continent. We 
look to the soil, they to their manufacturing capacity, for the means of life as 
well as wealth. These facts are not all, and indeed but a very partial notice 
of important affairs. The political relations of the State will increase and be- 
come more complicated and expensive with their increase of power. Not only 
this, but they too will grow arrogant, and it will not be a half century, if the 
Union should last, until they will feel a strong inclination to possess by force 
that which they at the present would be willing to make a subject of negotiation 
and treaty. In all contingencies, if we are annexed, we have to bear a part of 
their troubles, no matter of what character. Alone and independent, Texas 
would be enabled to stand aloof from all matters unconnected with her existence 
as a nation ; while the causes of war to the United States would be a source of 
benefit and prosperity to her. War could grow up between no power and the 
United States, but what Texas would be the beneficiary. The values of our 
staples would be enhanced, and that arising from influences of war upon the 
United States. Texas, enjoying as she does a situation on the Gulf and a neu- 
tral attitude, would derive the greatest possible benefits. Calamity to other 
nations would be wealth and power to Texas. The encouragement given to us 
by the demand for our staples would increase our individual as well as our 



368 Houston's Literary Remains. 

national wealth. The fleets of belligerents would be supplied with meats from 
our natural pastures, and the sale of our superabundant herds would, when 
added to the sale of our other commodities, give us more wealth than any other 
nation in comparison to our population. Apart from this, if we should not be 
annexed, all the European nations will introduce with alacrity vast numbers of 
emigrants, because it will enable them to extend their commerce. Those who 
migrate from the different nations to Texas will retain predilections for many- 
years in favor of the partialities which nativity carries with it in after-life. That 
France, as well as England, will pour into our country vast numbers of indus- 
trious citizens, there can be no doubt. Belgium, Holland, other countries will 
not be remiss in their duty, despite consequences. All these countries have an 
excess of population, and the common policy and economy of nations is such 
that they will have a care to the location of those who leave their native coun- 
tries. Never, to my apprehension, have all nations evinced the same disposition 
to commerce as that which is now exercised and entertained. Hence no time 
has ever been so propitious for the rebuilding of a nation' possessed of our ad- 
vantages as that which Texas at this moment enjoys, in the event that the 
measure of annexation should fail. Its failure can only result from selfishness 
on the part of the Government or Congress of the United States. If faction or 
a regard to present party advantages should defeat the measure, you may de- 
pend upon one thing, and that is, that the glory of the United States has 
already calamities. A rival power will soon be built up, and the Pacitic, as well 
as the Atlantic, will be component parts of Texas in thirty years from this date. 
The Oregon region, in geographical affinity, will attach to Texas. By this coali- 
tion or union the barrier of the Rocky Mountains will be dispensed with or ob- 
viated. England and France, in anticipation of such an event, would not be so 
tenacious on the subject of Oregon as if the United States were to be the safe 
possessor of it. When such an event would take place, or in anticipation of 
such a result, all the powers which either envy or fear the United States, would 
use all reasonable exertions to build us up as the only rival power which can 
ever exist on this continent to that of the United States. Considering our 
origin, these speculations may seem chimerical, and that such things can not 
take place. A common origin has its influence so long as a common interest 
exists, and no longer. Sentiment tells well in love matters, or in a speech, but 
in the affairs and transactions of nations there is no sentiment or feeling but 
one, and that is essentially selfish. I regard nations as corporations on a large 
and sometimes magnificent scale, but no more than this. Consequently they 
have no soul, and recognize no mentor but interest. Texas, once set apart and 
rejected by the United States, would feel that she was of humble origin, and if 
a prospect was once presented to her of becoming a rival to the United States, 
it would only stimulate her to feelings of emulation, and it would be her least 
consideration that by her growth to power she would overcome the humility ol 
her early condition. So the very causes which now operate with Texas and 
incline her to annexation may at some future period be the cause of most active 
and powerful animosity between the two countries. This, too, we must look at, 
for it will be the case w^henever difficulties arise between the United States and 
Texas ; if they are to remain two distinct nations, the powers of Europe will not 
look upon our affairs with indifference, and no matter what their professions 
may be of neutrality, they can always find means of evasion. The union of 



Various Suggestions as to Boundary Lines. 369 

Oregon and Texas will be much more natural and convenient than for either 
separately to belong to the United States. This, too, would place Mexico at 
the mercy of such a power as Oregon and Texas would form ; such an event 
may appear fanciful to many, but I assure you there are no Rocky Mountains 
interposing to such a project. But one thing can prevent its accomplishment, 
and that is annexation. If you, or any statesman, will only regard the map ol 
North America, you will perceive that from the forty-sixth degree of latitude, 
north, there is the commencement of a natural boundary. This will embrace 
the Oregon, and from thence south on the Pacific coast to the twenty-ninth or 
thirtieth degree south latitude, will be a natural and convenient extent of sea 
land. I am free to admit that most of the provinces of Chihuahua, Sonora, and 
the Upper and Lower Californias, as well as Santa Fe, which we now claim, 
will have to be brought into the connection of Texas and Oregon. This you 
will see, by reference to the map, is no bugbear to those who will reflect upon 
the achievement of the Anglo-Saxon people. What have they ever attempted 
and recoiled in submission to defeat? Nothing, I would answer. 

Population would be all that would be needful; for, with it resources would be 
afforded for the accomplishment of any enterprise. As to the proposition that 
the provinces of Mexico would have to be our own, there is nothing in this ; for 
you may rely upon the fact that the Mexicans only require kind and humane 
masters to make them happy people, and secure them against the savage hordes 
who harass them constantly, and bear their women and children into bondage. 
Secure them from these calamities, and they would bless any power that would 
grant them such a boon. 

The Rocky Mountains interposing between Missouri and Oregon will very 
naturally separate them from the United States when they see the advantages 
arising from a connection with another nation of the same language and habits 
with themselves. The line of Texas running with the Arkansas, and extending 
to the great desert, would mark a natural boundary between Texas or a new 
and vast Republic to the southwest. If this ever takes place, you may rely upon 
one thing, which is this: that a nation embracing the advantage of the extent 
of seventeen degrees on the Pacific, and so extensive a front on the Atlantic as 
Texas does, will not be less than a rival power to any of the nations now in ex- 
istence. You need not estimate the population which is said or reputed to 
occupy the vast territory embraced between the twenty-ninth and forty-sixth 
degrees of latitude on the Pacific. They will, like the Indian race, yield to the 
advance of the North American population. The amalgamation, under the ad- 
visement of statesmen, can not fail to produce the result in producing a united 
government formed of and embracing the limits suggested. It may be urged 
that these matters are remote. Be it so. Statesmen are intended by their fore- 
cast to regulate and arrange ma'tters in such sort as will give direction to events 
by which the future is to be benefited or prejudiced. You may fully rely, my 
friend, that future ages will profit by these facts, while we will only contemplate 
them in perspective. They must come. It is impossible to look upon the map 
of North America and not to perceive the rationale of the project. 

Men may laugh at these suggestions, but when we are withdrawn from all the 
petty influences which now exist, these matters will be those of the most grave 
and solemn national import. I do not care to be in any way identified with 
them. They are the results of destiny, over which I have no control. 
24 



370 HoustorCs Literary Remains. 

If the treaty is not ratified I will require all future neg'otiations to be trans- 
ferred to Texas. I have written much more than what I expected, and it seems 
to me that I have run into a prosaic strain. As I have many letters to answer, 
I pray you to think that I have not been grudging with you. 

Truly your friend, Sam Houston. 



LETTER TO GEN. ANDREW JACKSON. 

Washington, Texas, February i6, 1844. 

Venerated Friend : — Your several favors of the last month have reached 
me safely and with expedition. I have given all the attention to their contents 
which your views, as well as the subject-matter itself, demanded. You are fully 
aware that every circumstance in which you feel a deep interest, or what- 
ever may concern you individually, awakens in me emotions of the liveliest 
regard. 

It is natural to suppose that the subject of the annexation of Texas to^the 
United States has commanded the most profound deliberation of which I am 
capable. Heretofore, the demeanor of the United States toward us has been 
such as to discourage any hope which the friends of the measure might enter- 
tain. Our situation also has been peculiar and difficult. I have found myself 
surrounded with internal difficulties as well as external dangers. It was my 
duty, as Executive, to have an eye to every emergency which inight possibly 
arise. My situation certainly might have excused, or even justified, a compro- 
mittal on my part, with the hope of securing for my country a respite from ex- 
isting calamities. I am happy to assure you, however, that I have incurred no 
committal prejudicial to her interests or my own honor, and am free to take any 
action which her future welfare may require, and be perfectly vindicated from 
any imputation of bad faith toward any nation or individual. This assurance 
may appear strange to you, for I assure you it is even surprising to myself, that 
the necessities of our circumstances had not suggested some hazardous measure 
for their alleviation or improvement. So far as I am concerned, or my hearty 
co-operation required, I am determined upon immediate annexation to the United 
States. 

It is not the result of feeling, nor can I believe that the measure would be as 
advantageous to Texas if she had permanent peace, as it is indispensably neces- 
sary to the United States. Texas, with peace, could exist without the United 
States, but the United States can not, without great hazard to the security 
of their institutions, exist without Texas. The United States are one of the 
rival powers of the earth, and from their importance, as well as the peculiarity of 
their institutions and the extent of their commercial relations, they must expect, 
at no distant day, wars, the object of which will be to prevent their continu- 
ance, if possible, as a nation. Situated as Texas is, in point of locality, with 
peace she would liave nothing to apprehend for years to come. Other nations 
would not dread her rivalry, but rather count her friendship for commercial 
advantage. Her people would have nothing to divert them frotn their agricult- 
ural pursuits. Her advancement in the arts of peace and commerce would be 
inevitable. With a government requiring trifling expenditures, and a tariffmuch 



To Gen, Jackson on Annexation. 371 

lower than that of the United States, she would invite the commerce of all na- 
tions to her ports, as is already, to some extent, the case; and whilst she thus 
increased the demand for her productions she would drive the manufacturers of 
the United States from her markets, from the fact that American manufacturers 
could not so well compete with those of Europe. In this way the immense 
trade of the northern Mexican States, as well as Texas, would fall into the hands 
of European merchants, and pass through our ports and territory. In a few years 
the loss to the American manufacturer would not be a small amount. But, on 
the other hand, by annexation these advantages would be secured to the Amer- 
ican merchant, to the exclusion of the European, for we should then be but one 
Government, and, consequently, in the markets of Texas, no duties could be 
levied upon home manufactures. The tariff of the United States would operate 
then to insure to their own citizens a valuable market which must otherwise in- 
evitably be lost to them, not to say anything about the embarrassments to their 
revenues by the smuggling which would certainly be carried on. The exchange 
of commodities between Texas and Europe would give rise to a feeling of re- 
ciprocal benefit, and there would be nothing in all this to excite national 
cupidity or jealousy toward us. Thus situated, Texas might remain at peace 
for a half-century, nor is it probable that she would even then have war, unless 
it was with Mexico. Her resources having accumulated for this period, she 
would have sufficient means and ample capacity to subjugate Mexico when- 
ever she might choose so to do. The efficiency and hardy character of her popu- 
lation would also enable wise leaders to render subservient the means of Mexico 
to her own subjugation. This is an imperfect glance at some of the advantages 
which Texas might hope for as a separate power. --^ 

{'By immediate annexation, we relieve ourselves of the solicitude which we have 
felt as to our situation. Yet that would be no guarantee for immediate peace. 
Mexico might make annexation a cause of war, and inflict annoyances upon us. 
It might be some time before the proper aid from the United States would be 
available for our defense against incursion ; such incursion would seriously in- 
terrupt our citizens in their peaceful avocations. It is quite possible, too, that 
England and France would be greatly dissatisfied at the consummation of the 
contemplated measure, and if so, though no great injury to the United States 
might eventually result, yet it would at least give much complication to the af- 
fairs of the nation. 1 

You may rely upon it, General, that it is essentially important to Texas to be 
protected by the United States against the contingencies hinted at, even during 
the progress of negotiations. 

This must be assured to her, otherwise she may act unwisely in entertaining 
any proposition on the subject for a single moment. I, however, rely with con- 
fidence upon the magnanimity of that Government to see that she suffers no 
detriment, either now or hereafter, from the plain manifestation of affection 
toward the mother-land. 

There is a sameness or unity in our national interests and institutions in 
Texas which does not exist in the United States. All our population is agricult-^ 
ural, and we have no sectional institutions or diversified interests. The farm^ 
ing, manufacturing, maritime, and mercantile interests all claim the peculiar con^ 
sideration of the national Congress. Texas, independent, would be free from 
the agitations arising from this condition of things. The interests of the North 



372 Houston's Literary Remains. 

and the South render it almost two distinct nations. The question of slavery 
can not arise in Texas. One portion of the Republic can not, on this subject, be 
arrayed against another. By annexation we should subject ourselves to the 
hazard of tranquillity and peace on this subject, which as a separate power 
would not exist. The debt of Texas is a mere " drop in the bucket." Our pub- 
lic domain comprises at least 1 50,000,000 of acres of arable land, with every 
delightful variety of climate, and every natural advantage which a country of the 
same extent could possibly enjoy. 

But notwithstanding 1 take this view of things, my deliberate judgment has 
led me to the conclusion, founded upon an intimate acquaintance with our con- 
dition, that the present policy of Texas dictates that I should unreservedly co- 
operate in the contemplated measure. I think it wisdom growing out of neces- 
sity, and not an abandonment of principle. If there is any selfishness in my 
heart I do not know it. I have now lived for half a century, and thirty years of 
that time I have been chiefly engaged in active employment for, as I believed, 
the advancement of human happiness. How far I may have been useful is a 
question I never ask. How my actions are to be appreciated, so they are right, I 
never care. I have been actuated all my life from feelings of honorable emula- 
tion, but not those of empty ambition, nor the idle vanity of commanding the 
plaudits merely of the world. Circumstances have throv^'n me into prominent 
and responsible situations, and like yourself, General, I have received a full 
share of abuse. But that has never deterred me from doing what I believe to 
be right, regardless of consequences. 

I have no desire to see war renewed again in Texas. It is not the apprehen- 
sion of personal danger that would alarm me, but rather the deleterious influ- 
ence which it has upon our population. The revolution has already introduced 
into Texas more wicked and ambitious men than could be desired in our present 
condition. In armies and in camps such men have an opportunity of extending 
their acquaintance, and of deriving some prominence from associations which 
totally disqualifies them from usefulness in a peaceful community. Unwilling to 
embark in the useful avocations of life, in many instances they become restless 
demagogues or useless loafers. They are either ready to consume the substance 
which they have not earned, or to form combinations unfavorable to good order 
and the administration of the laws. Peace in Texas would relieve us from such 
people, and in the absence of their baleful influence give to society a vigorous 
constitution and healthy complexion. All the evils which we have experienced 
have resuhed from such characters, and unless we have peace permanently es- 
tablished among us we can not tell when a September election might not sub- 
ject the country to the misrule of such men for three years. 

Furthermore, I wish to reside in a land where all will be subordinate to law, 
and where none dare to defy its mandates. I have arrived at that period of life 
when I desire retirement, and assurance that whatever I possess will be secured 
to me by just laws wisely administered. This privilege I would deem a rich re- 
quital for whatever I may have performed useful in life. With it I would be 
happy to retire from all the cares of public station, and live in the enjoyment of 
the reflection that if I had been serviceable to any portion of mankind their 
prosperity and happiness were ample recompense. I would give no thought to 
what the world might say of me, when I could transinit to posterity the reputa- 
tion of an honest man. 



Texas' Final Offer of Annexation. 373 

A special Minister, together with our resident Charge, has been appointed, 
with full powers and dispatches to consummate the work of annexation. But 
that you may be more perfectly informed of everything interesting connected 
with the subject, I have directed my private secretary and confidential friend, 
W. D. Miller, Esq., to convey my personal salutation and embraces to you, 
with authority to communicate everything and upon every subject. Mr. Miller 
is a young gentleman who has been connected with me in my office since the 
commencement of my present administration. He knows all my actions and 
understands all my motives. I have concealed nothing from him, nor will he 
conceal anything from you. Mr. Miller bears dispatches, and has been ap- 
pointed Secretary to the Secret Legation at Washington. If you should desire 
to send any communication to Washington, you will find him a ready writer, 
and he will take pleasure in serving you as an amanuensis. 

Now, my venerated friend, you will perceive that Texas is presented to the 
United States, as a bride adorned for her espou3al. But if, now so confident of 
the union, she should be rejected, her mortification would be indescribable. She 
has been sought by the United States, and this is the third time she has con- 
sented. Were she now to be spurned, it would forever terminate expectation 
on her part, and it would then not only be left for the United States to expect 
that she would seek some other friend, but all Christendom would justify her in 
a course dictated by necessity and sanctioned by wisdom. However adverse 
this might be to the wishes or the interest of the United States in her present 
situation, she could not ponder long. The course adopted by the United Slates, 
if it stop short of annexation, will displease France, irritate England, and exas- 
perate Mexico. An effort to postpone it to a more convenient season may be 
tried in the United States to subserve party purposes and make a President. 
Let them beware. I take it that it is of too great magnitude for any impedi- 
ment to be interposed to its execution. That you may live to see your hopes in 
relation to it crowned with complete success. I sincerely desire. In the event 
that it speedily takes place, I hope it will afford me an opportunity of visiting 
you again at the Hermitage with my family. It is our ardent desire to see the 
day when you can lay your hand on our little boy's head, and bestow upon him 
your benediction. Be assured, General, that I should rejoice if circumstances 
should afford an opportunity for an event so desirable to us. 

Be pleased to make the united salutations of Mrs. H. and myself to your fam- 
ily. We unite our prayers for your happiness, and join in the expression of our 
affectionate regard for you. 

Truly your friend, Sam HOUSTON. 



PART IV. 

PUBLISHED SPEECHES. 



SPEECH ON THE MILITARY OCCUPATION OF SANTA FE, AND 

IN DEFENSE OF TEXAS AND THE TEXAN VOLUNTEERS 

IN THE MEXICAN WAR. 

Delivered in the Senate of the United States, June 29, and July 3, 1850. 

''T^HE following resolution, subntiitted by Mr. Cass on the 27th of June, being 
-*- under consideration : 

Resolved, That the Committee on Military Affairs be instructed to inquire 
into the expediency of prohibiting by law any Officer of the Army from assum- 
ing or exercising within the limits of the United States any civil power or 
authority not conferred by an act of Congre^^s, and of providing an adequate 
punishment for such offenses. 

To which resolution Mr. Hale offered the following amendment, viz. 

" And that this said committee also inquire whether, at any time since the 
commencement of the late war with Mexico, any orders have been issued by 
this Administration conferring civil authority upon any Officer of the Army of 
the United States, to be exercised without the limits of the several States of the 
Union, and, if so, by whom, and to whom, and by virtue of what laws were said 
orders issued." 

Mr. Houston said : Mr. President, I will not vote for the amendment. I am 
perfectly willing to concede that orders were given under the late Executive 
while we were in a state of war with Mexico, for the occupation of the Terri- 
tories, and, in some instances, of States, by military forces, and that on some 
occasions their people were subjected to martial law ; but at the same time I 
shall insist that the circumstances of the case fully authorized the occupa- 
tion of this territoiy at that time by the authorities of the United States, and 
that it was necessary for the proper conduct of the war against the enemy. I 
hold that this was not ihe ca^e in time of profound peace. 

During the war, the State authorities were not in a situation to give the secu- 
rity and protection to citizens that they were previously enabled to do, but 
which the United States was bound to do. Under these circumstances a con- 
siderable portion of the State of Texas was occupied by the ibrces of the 
United States, and temporarily placed under military government. California 
was similarly organized, and a military officer was appointed its civil governor 
for temporary purposes ; but this was not during a time of peace — it was during 
war. I presume that no Senator here will say that the present necessities arc 
of such a character as to authorize the exercise of military authority within the 
jurisdiction ol a State. If, sir, these acts were thus excusable, or if I could en- 

(375) 



376 JloustorCs Literary Remains. 

tertain the same views with the Senator from New York [Mr. Seward], then I 
might content myself witli the expression of regret that they had occurred. But 
I do not do so, and therefore I have no such regret to express. For an outrage 
so flagrant, committed on the rights of a Slate, I seelc no apology, and I will 
fancy no palliation or excuse, because it might give encouragement to future ag- 
gressions which would lead to the destruction of the rights of States, and of the 
Confederacy itself. 

Under these circumstances I am bound at once to meet the occasion. By 
what authority, I ask, and under what sanction of constitutional law, has the 
Executive of the United States authorized a subordinate officer, within the limits 
of a sovereign State, to convoke the citizens by military authority to form a con- 
stitution within the limits of that State, and to present it to this body, at a time 
too, of all others, when such a course was most calculated to produce unwhole- 
some and unpleasant effects upon the Union? And for what.'' To effectuate a 
plan which has been projected by the Executive for the carrying out of measures 
endeared to him, because of his claims to their paternity. Sir, this is no apolo- 
gy to a sovereign State for an outrage committed upon her rights ; no palliation 
for offenses against the Constitution ; nor will it be received as such by the 
American people. I know our correctives, and recourse to impeachment is one 
of them. But when was a culprit brojght to condign punishment by impeach- 
ment.'' It is but a solemn farce, and furnishes no effectual remedy. Then, if a 
subaltern officer were arrested, could he be punished for an offense perpetrated 
in obedience to the order of his superior officer.'' No, sir, martial law has wise- 
ly shielded him, and though arraigned, he can not be punished if he has the war- 
rant of his superior for what he has done. It is the more necessary, then, to 
ascertain whether this officer [Brevet Colonel Monroe] acted under the authority 
of his superior; and, if he has, severe reprobation should be visited upon the 
offender, and not only upon the inferior executive officer, who only executes the 
commands of his superior. 

Sir, there has been an unfortunate prejudice entertained on the part of the 
Executive, whether as Commanding General in the field, or as Chief Executive 
of the Nation, against the citizens of the State which I have the honor, in part, 
to represent. 

The people of that State have been unwarrantably assailed, traduced, and de- 
famed by the present Executive of the Nation, when a General in the field. If 
I were not fully sustained by incontestable authority, I would scorn to impute to 
any high functionary of this Government aught that was unworthy of his station, 
or the high position which he occupies ; but I am fully sustained in every word I 
say, as I will show by reference to testimony stronger than the mere assertion of 
a political opponent, that will carry conviction to the mind of every candid man 
who is disposed to canvass or discuss truth when it is presented to him. 

On the 29th of March, previous to the war with Mexico, when General Taylor 
occupied a position on the banks of the Rio Grande, as commander of the army of 
occupation, before one blow was struck, what does the General say in reference to 
the Texans, not one of whom, up to that hour, had ever been placed under his com- 
mand, that I am aware of, and not a solitary corps was then ranged under his 
banner, and yet what does he say of them ? In reference to the critical position 
of the army, as then supposed, he said, " Under this state of things I must again 
urgently call your attention to the necessity of speedily sending recruits to this 



Prejudice of the President against Texans. 377 

army — the militia of Texas are so remote from the border and so inefficient when 
they arrive, that we can not depend upon their aid." Sir, he has assumed the 
responsibility of defaming the character of men, who, to say the least of them, 
had never given the least occasion for such an imputation as this — men who 
would have rallied to his standard in a moment if he had given the least intima- 
tion to them — men who would have periled everything in defense of their terri- 
tory — men who, in recollection of former deeds, would have offered up their 
hearts' blood in vindication of the honor of the flag of that Union with which 
they had become incorporated, and to which the bright lustre of their own lone 
star had been added. Yet he says the army was in a position of peril, and he could 
not depend upon them. When, I ask, had they ever been inefficient or delinquent 
in time of peril, or recreant in the hour of danger.? Yet here a high functionary 
of the Government, the head of a gallant army, whose heart ought to have been 
filled with admiration of valorous deeds, and ready to award the tribute that is 
due to unconquerable courage, stigmatizes the men of Texas as inefficient and 
unreliable in time of peril. Experience had never enabled him to judge of them, 
and was this, then, no manifestation of prejudice? Why, sir, two hundred and 
fifty rangers, if he had called them into service, would have repulsed any attempt 
that might have been made to cross the Rio Grande. And the songs of peace 
would have been heard uninterruptedly until this day upon the banks of that 
river. P'ive hundred Texan rangers would have been more than enough to ac- 
complish the object. Yet, instead of calling them to his aid according to his 
authority under the Government, he denounces them as unreliable ; and when 
at last they were called upon, what did he do ? Did he permit them to advance, 
or to pursue the enemy, for it was the first opportunity they had of encounter- 
ing them upon equal terms? No. They were restrained, fretting like chafed 
lions, anxious for the pursuit, while he permitted commands to be led in advance 
by men unacquainted with Mexican warfare, colonels from the interior were 
permitted to lead the advance through the dense chaparrals and jungles of 
Mexico, and the brave Texans were confined to southern plains, exposed, un- 
tented, beneath southern suns, to endure disease and death; but, fortunately for 
the survivors, the day was not distant when they could give new manifestations 
of irresistible valor, worthy of the cause in which they were engaged. At 
Monterey it was Texans who first took the Bishop's Palace, a key to victory. 
Gillespie's monument stands upon the heights, a record of unshrinking gallantry. 
The Plaza, too, was virtually in possession of the Texans, when the flag for the 
armistice was received, and orders were sent into the city to stay the daring en- 
terprise of those who were on the eve of possessing the Plaza, and who hesitated 
in rendering obedience to the order, as they deemed victory within their grasp. 
Their gallantry on this occasion was no security against obloquy and defama- 
tion ; even after the peerless bravery displayed on this occasion, they were de- 
nounced and stigmatized as the veriest refuse of men, and as a dishonor to the 
army. Is it strange then, sir, that a prejudice, so easily conceived and strongly 
entertained, should now extend to the invasion of our constitutional rights as a 
State ? Is it strange that our civil rights should be no more respected now, 
than was our military character then ? No, sir, it is not strange. 

But I will read for the information of the Senate and of the world, if it chooses 
to be concerned with matters of such minor importance, further evidence of en- 
croachments upon the rights of Te.xas as a sovereign State. Let me ask, was it 



378 Houston^ s Literary Remains. 

from a dependent condition, or after passing through a system of territorial pu- 
pilage that Texas became a sovereign State of this Union ? No, sir ; when 
Texas became a member of this Union, she stood upon the earth as one of the 
o-reat community of nations ; she was herself a nation ; and th-.t sovereignty as 
a nation she has merged in this Union, and proudly claims equality with its other 
members. I will now read an extract from a letter of General Taylor's, dated 
near Camp Monterey, October 6, 1846: 

" Sir, I have respectfully to report that the entire force of Texas rnounied vol- 
unteers has been mustered out of service, and is now returning home by com- 
panies. Wz't/i their departure we may look for a restoration of quiet and order 
in Monterey, for I regret to report that some shameful atrocities have been per- 
petrated BY THEM since the capitulatio}t of the town." 

What high encomiums are these in acknowledgment of chivalric and valorous 
deeds; what encouragement to cheer the veteran's heart; what encouragement 
to offer to the young and ardent patriot ! In another extract I find where he 
says : " One company of foot volunteers which rendered excellent service in the 
campaign, is now on their march to Carmargo, there to be mustered' out of 
service." From this you would suppose that one cojttpany\\a.dL done all that was 
commendable on the part of the troops of Texas. Indeed ! one solitary com- 
pany had " rendered excellent service ! " The success of their arms, the exer- 
tions, the vindication of American honor, at Monterey, I suppose, were all con- 
fined to one company of infantry. One company " rendered excellent service ! " 
In another extract which is under my eye, I discover an admission in favor ol 
the title of Texas by the Commanding General, which does not harmonize well 
with his recent assumptions, that the territory of Texas does not extend to the 
Rio Grande. The extract says : 

" It is deemed necessary to station a small force at Laredo, on the east bank 
of the Rio Grande, for the purpose of protecting that frontier from Indian dep- 
redations, and enabling the Government of Texas to extend its jurisdiction with 
more facility to that river." 

The jurisdiction of Texas, under the eye of the General, extended to the Rio 
Grande ; but under the eye of the Executive, Texas has no right on that river. 
How can this contrariety of opinion be reconciled upon any other ground than 
that of prejudice and a spirit of persecution. The Executive is seeking to inflict 
further humiliation upon Texas, by aiming a blow at her State sovereignty ; but, 
sir, this is not all. I will recur again to the slander of her troops, by reading an 
extract from a letter written at Monterey on the loth of June, 1847, to the Sec- 
retary of War, in which he says : 

" I have ordered the muster of the company of mounted Texas volunteers al- 
luded to in my letter of June 8th. It is enrolled for the war, and commanded 
by H. W. Baylor. Major McCuUough's company has been discharged, and we 
have now five companies of Texas horse, the exact number laid down in your 
memorandum of April 26th. 

" I regret to report that many of the twelve months' volunteers, on their route 
hence, on the lower Rio Grande, have committed extensive depredations and 
outrages upon the peaceful inhabitants. There is scarcely a form of crime that 
has not been reported to me as committed by them ; but they have passed be- 
yond my reach, and even if they were here it would be found next to impossible 



Unjust Aspersions of Texan Troops. 379 

to detect the individuals who thus disgrace their colors and their country. Were 
it possible to rouse the Mexican people to resistance, no more effectual plan 
could be devised than the very one pursued by some of our volunteer regiments 
now about to be discharged. 

" The volunteers for the war, so far, give an earnest of better conduct, with 
the exception of the compajties of Texas horse. Of the infantry, I have little or 
no complaint ; but the viotmted men from Texas have scarcely made an expedi- 
Hon wit /tout unwarrantably killing a Mexican." 

Sir, what an atrocity ! — killing a Mexican upon an expedition ! Kill a Mex- 
ican —monstrous ! — this done in the face of day. Kill a Mexican ! Why, sir, 
we hear of no such complaints when battalions fell at Monterey — I will not say 
how disposed of. We hear no such sympathetic complaints then. But killing 
one Mexican ! — what a deed ! ! I grant you, that wherever there are instances 
of criminal injustice and outrage inflicted by the military, the authors of them 
deserve severe punishment ; but a spirit of justice would suggest a course of 
propriety in this respect, which would punish the real offender and have a moral 
influence on all around. This has not been done, but whole corps have been 
stigmatized and denounced, and the most extraordinary reasons given for this 
most extraordinary conduct in a Commanding General. In lavishing further 
encomiums on the Texan troops, he says : 

" I have, in consequence, ordered Major Chevallier's command to Saltillo, 
where it can do less mischief than here, and where its services, moreover, are 
wanted." 

" Where their services are wanted " — for what ? To " do mischief" — that is, 
to kill more than " one Mexican," I suppose. Is it not strange that he should 
send these men, whom he is unable to restrain and control in the face of a large 
army, to a place where there was none to control them and restrain them from 
outrage on the Mexicans .'' Were " their services " wanted there for outrage and 
depredation ? or were they sent there with a view of ascertaining whether new 
temptations would inspire with a stronger sense of duty } 

" The constant recurrence of such atrocities, which I have been reluctant to 
report to the Department, is my motive for requesting that no more troops may 
be sent to this column from the State of Texas." 

" No more troops from Texas." They had been an incumbrance to him, one 
would suppose ; yet one of them, the gallant and lamented Walker, was mainly 
instrumental in saving the anny from disaster at Palo Alto, and McCullough, 
who, in the General's report of the battle of Buena Vista, was only mentioned 
as having done very well, was designated as one of the spies sent on to Encar- 
nacion, and was also a Ttxan. Instead of saying in that report that McCul- 
lough gave him information which saved the army, he spoke of him a.s one of the 
spies dispatched for information, but did not state that it was through him that 
he had derived it. Yes, sir, it was McCullough who reconnoitered the enemy's 
camp, and possessed himself of the first information of the advance of Santa 
Anna, and by communicating it to the General, enabled him to fall back from 
Agua Nueva to Buena Vista, where the gallant defense was made. Well, sir, 
does not all this look like strong prejudice against the Texans } Would it not, 
from this evidence, seem most conclusively that this prejudice which existed in 
the breast of the General, and was formed before he had any knowledge of the 



380 Houston^ s Literary Remainfi. 

character of the soldiers of Texas, increased with the services rendered by them 
to the Government and to the army ? And are we now to have visited upon us 
further consequences resulting from this prejudice ? Is the State of Texas, as 
a soverignty, to succumb to the degradation of an infringement upon her rights, 
the subversisn of her authority, and the infraction of her territorial limits; and 
is it expected that we are to submit calmly to the infliction of such gross and 
unjustifiable wrongs ? 

Mr. President, there is a principle involved in this matter which extends far 
beyond the temporary inconvenience imposed upon Texas, or the actual injustice 
which may be inflicted on her. It is a principle which lies at the very founda- 
tion of our Government, the subordination of the military to the civil power, 
the subversion of which would be the destruction of our liberties. Is a mere 
military power allowed to interfere and prescribe to a sovereign State what shall 
constitute her territorial limits and boundary } 

In this case, the former President of the United States, who established in 
time of war temporary military governments, ordered the government of the 
Territory to be surrendered to Texas as soon as peace terminated the war, or I 
have been misinformed ; yet the present Executive has continued the military 
government, and has not surrendered the territory to Texas. Less than two 
years ago, the military authority. Colonel Washington, expelled, or rather caused 
the ejection of the judicial officers of Texas from the territory ; and now, when 
Major Neighbors had succeeded in reorganizing the counties where no military 
authorities were stationed, and went to Santa Fe, what was the consequence? 
There the military Governor avowed his resistance to the authority of Texas, and 
caused that hasty and inconsiderate action of the population which has resulted 
in the handing over of the territory to a mere judge of the Kearny code. And 
he, forsooth, has taken all under his control, and now assumes to be the sover- 
eign over this wide domain of Texas ! Sir, if the military authorities of the 
United States have a right thus to conduct themselves in such a manner in that 
territory — a territory within the limits of what we have ever claimed, and which 
were recognized by all nations previous to annexation — then they have a right 
to occupy our Capital, or to wrest Galveston from our possession That terri- 
tory no more appertains to New Mexico than does any other spot within the 
limits of Texas. Yet Texas has not been complaining, nor has she manifested 
undue anxiety in demanding her rights from time to time. Years have passed 
by since she had a right to expect the settlement of her boundary. The territory 
to which it extended has been acquired by the United States Government, and 
in good faith, if they had discharged their duties, they ought to have settled the 
boundary with the termination of the war, and said to Texas what and where it 
was. 

Does any one for a moment believe that if Texas had been aware of this at- 
tempted curtailment of her limits, she would ever have become annexed to the 
Government of the United States .'' No, sir, no one can believe it even for a 
moment. Mexico would willingly have consented to recognize Texas as a sepa- 
rate power, without the slightest hesitancy, if the latter had proposed to submit 
to a curtailment of her territory. And is it to be expected that Texas will sub- 
mit now to such a violation of her rights as is here indicated ? I ask the Sen- 
ate, as Americans and honorable men, whether if this were a question between 
the Government of the United States and Mexico, as to boundary, it is believed 



The Aim of Party Interference in Texas. 381 

that the United States would surrender one foot of the territory which Texas 
has always claimed as her right ? 

Mr. Clay. Will my friend pardon me, as the hour for the special order has 
arrived, to do us the favor to continue his eloquent speech on Monday, if it would 
be agreeable to him ? 

Mr. Houston. Anything- that will advance the public business I will yield 
to with pleasure — it will be no privation to me. 

The resolution was accordingly laid on the table. 

Wednesday, July 3, 1850. 

In resuming the discussion, Mr. Houston said : Mr. President, I regret to 
trespass on the attention of the Senate to-day, and I likewise regret that for 
several days I have been prevented by the business of the body from concluding 
the expression of my views on this subject, as it would have been much more 
agreeable to me to have done so the day ensuing the one on which I last occu- 
pied the floor ; but to come at once to the subject, I will remark that develop- 
ments very recently have been made which seem to give additional importance 
to the events now transpiring in the section of the country to which these resolu- 
tions refer. Before I yielded the floor, I had submitted the proposition to the 
Senate, not only as a body, but as gentlemen individually, whether, if the ques- 
tion as to the Texas boundary was now to be settled with a foreign Power, a 
doubt could be entertained for a moment that the United States would insist 
upon the boundary as now asserted by Texas } The memorial presented this 
morning by the honorable gentleman from Delaware, it would seem, has settled 
the claim of the Texas boundary, and decided in favor of the recent proceedings 
relative to the state of government in New Mexico. 

These memorialists are doubtless about as competent to decide upon the rights 
of Texas, as many others who have adventured opinions upon a subject of which 
they can know nothing. They are, certainly, not responsible for their opinions ; 
and I am unwilling that any irresponsible persons, however high and imposing 
their standing may be, should decide upon rights appertaining to a State. I ob- 
ject to any decision which may be attempted by any powers less than the con- 
stitutional powers of this Government. It is a matter of regret to believe, for 
one moment, that an attempt has been made, and is now directed by the head 
of this nation, in opposition to the rights of Texas, and for the purpose of im- 
peding her claims to justice. Can it indeed be true that the recent occurrences 
in Santa Fe have been instigated by the authorities at Washington, and that 
the officers of this Government, there in command, are but carrying out the pur- 
poses and designs of the Administration ? Everything would seem to indicate 
that there is, at least, no disapprobation of the course which has been pursued 
by the officer in command at that point; consequently, the inference is, that if 
it has not been directed by the Executive, it is at least sanctioned by his acqui- 
escence. It seems to be in furtherance of the plan suggested by the President, 
which must be carried out at all hazards, and, if necessary, at the sacrifice of the 
rights of a State. It must be consummated ; and at what moment is this plan 
urged upon the American Congress } Is it at a time when there is any proba- 
bility of its producing peace and harmony, or has it a tendency to allay the ex- 
citement which exists in the country — is it calculated to produce any beneficial 
results to any one section of this vast community ; or is it not rather calculated 



382 Houston's Literary Remains. 

to suspend all action, and leave the agitation unquieted without a remedy ? If 
the commotion now existing in the land is not checked, it will go on. accumulat- 
ing strength and force with eveiy hour's delay, and give potency only to those 
who seek prosperity in their country's misfortune. Sir, the high-handed meas- 
ures which have been carried on under the orders of the Administration, in the 
expectation that Texas, a younger sister, feeble, rising but recently from all the 
toils and trials of revolution, exhausted, emaciated, and surrounded with the 
difficulties that press upon her, is unable to resist the mighty arm of the Govern- 
ment, or that she will succumb to wrong and oppression, or that, if her voice of 
remonstrance should be heard at all, it would be heard with apathy and indif- 
ference by her sister States of the Union. If this has been the expectation, it is 
a vain illusion. Texas can not submit to wrong. If this nation has heretofore 
withheld her rights ; if her claims have been deTerred for years and she does not 
at this time command the favorable consideration of Congress, it is not her 
fault. She received the solemn pledge of this Government to fix her boundaries 
long before the acquisition of California; that acquisition has been consequent 
upon the annexation of Texas, and has grown out of it ; and yet California comes 
forward, and now claims admission as a State. 

I shall not now express my views in relation to the course which I think ought 
to be pursued ; I am here to vindicate the rights of Texas, and to urge them 
upon the attention of the American Senate. Feeble as my advocacy of them 
may be, her rights are most eloquent, and her claims are prior to those of Cali- 
fornia, and are not to be postponed. No, sir, there is an urgent reason why her 
rights should be at once considered, and why her boundary should be at once 
settled. Is it not all-important that a sovereign State, claiming rights from this 
Government, under its solemn pledges, should have justice meted out to her at 
the earliest moment ? Is it unreasonable that she urges her demand ? Not at 
all. Years have rolled away since she received the pledge of this Government 
to determine her rights, and yet gentlemen say that the war with Mexico has 
nothing to do with the Texas boundary. I take the liberty of assuring the gentle- 
man from New York [Mr. Seward] that it had much to do with that question. 
Mexico declared that if Texas was annexed to the United States it would be 
cause of war. The work was consummated, and war ensued. I ask, then, if 
war had nothing to do with our boundary ? Has it not brought vast acquisitions 
to our territory, embracing our boundary, and deciding it according to our 
stipulated limits ? You have made Texas a bridge to march over to foreign con- 
quests, and are you now longer to postpone the adjustment of her rights > But 
how are these rights considered by the Executive of this nation ? Is it thought 
fit to trample on Texas because she is young, or because she has not the thews 
and muscles and the sinews of older States to uphold her rights ? Are her rights 
to be postponed or cloven down because, perchance, she might not agree with 
the Administration, and might not give to it the numerical support necessary to 
carry measures obnoxious to the nation ? 

Sir, the pnjudices of the Executive against Texas, to which I referred the 
other day, are most strikingly made manifest in his message to the Senate rela- 
tive to the recent proceedings at Santa Fe ; yes, sir, and even in her misfortunes, 
and humiliation as supposed by some, she is taunted by the Executive, and we 
are told that she will submit to all this. I will say, without vaunting, that Texas 
has yet to learn submission to any oppression, come from whatever source it 



Hisdtoric Right of Texas to Santa Fe. 383 

may. In the recent messag-e of the Executive, after saying that a self-styled 
agent of Texas, a Mr. Neighbors, had come to Santa Fe for the purpose of ar- 
ranging matters for Texas, he adds, what I can construe as nothing but a taunt, 
" Meanwhile, I think that there is no reason for seriously apprehending that 
Texas will practically interfere with the possession of the United States." How 
did that possession come ? Is it, as gentlemen have argued, a conquered terri- 
tory.? Was it acquired by conquest and by blood ? Sir, if blood was shed 
to vindicate the boundary, it was shed in Texas, after the United States had as- 
sumed to vindicate her boundary, but it was not shed in taking possession 
of Santa Fe by the American troops. The blood that flowed was at Palo Alto 
and Resaca de la Palma in defense of Texan soil, which the United States oc- 
cupied as a portion of the American Union by virtue of the annexation of Texas; 
the occupation of Santa Fe was upon the same principle, but it was bloodless, 
and the recent Executive declared that it was the property of Texas, and subse- 
quently he repeatedly recognized the right of Texas to the country lying east of 
the Rio Grande. President Polk directed the Secretary of War, Mr. Marcy, to 
order the military authorities to surrender to the authorities of Texas the civil 
government which had been held temporarily by the military authorities at 
Santa Fe. Yet it is now insisted that Texas has no rights there, and she 
is driven to vindication on the floor of this Chamber. 

Mr. Pearce. Will the Senator permit me to ask him a question in explana- 
tion of a remark which he has just made ? I understood him to say that the re- 
cent Executive had authorized the delivery of the government of this country 
into the hands of Texas. 

Mr. Houston. Yes, sir. I have information to that effect — the military 
and civil authority. 

Mr. Pearce. I should be glad to be informed by what act he did so } 
Mr. Houston. It was by an order of the Secretary of War. I can not lay 
my hand on it at this moment, but I have no doubt of its existence ; for I believe 
I have it from such authority as can not be doubted. 

Mr. Pearce. I hope the Senator will be able to produce it. 
Mr. Houston. I shall be happy to do so, sir ; but, to let that point rest at 
this time I will bring more recent evidence to satisfy the gentleman. In a letter 
addressed by the Adjutant-General, on the 20th March, 1850, to Brevet-Col. 
Monroe, the officer commanding at Santa Fe, of course under the direction of 
the Secretary of War, I find the following language : 

" I am directed by the Secretary of War to state, in reply, that, regarding as 
he does your orders to Major Van Home, of December 28, 1849, as manifestly 
assuming to decide the question of territorial jurisdiction of Texas over the places 
enumerated therein, and professing to extend a ' code ' of laws which had not 
been accepted by the people even whilst under military authority, it is deemed 
necessary distinctly to repeat, for your guidance on this occasion, what the de- 
partment has often stated, that the Executive has no power to adjust and settle 
the question of territorial limits involved in this case. Other co-ordinate depart- 
ments are alone competent to make the decision. . The main duties of the army 
are : to give protection and security on the soil of the United States, and preserve 
internal peace. Whatever else is done must arise from the urgent pressure of a 
necessity which can not be postponed, and to avoid the exercise of any civil au- 
thority which is not justified by that necessity. In sending to these people the 



384 Houstori's Literary Remains. 

' Kearny code,' or other codes, it is proper to remark, that the only regulations 
which are applicable to their condition are those laws which were in force at the 
period of the conquest of New Mexico, or Texas may establish. The only ex- 
ception is, that they be not in opposition to the Constitution and laws of the 
United States." 

Thus, on the 2oth of March was clearly acknowledged the right of Texas to 
establish her laws and jurisdiction over that part of the country which is now 
claimed as New Mexico. Sir, this is authority which I hope will be conclusive, 
yet I shall endeavor to satisfy the gentleman's inquiries, and convince him that 
not only the present, but the former Administration, without qualification, re- 
garded Texas as having the undoubted ownership of all the territory which she 
had claimed east of the Rio Grande by her ordinance of 1836. Sir, she never 
claimed less ; she never asked more — she will be satisfied with that, and she will 
be satisfied with nothing else. And how will Senators for one moment vindicate 
the honor of the United States, and attempt to curtail Texas of one foot of her ter- 
ritory on the east of the Rio Grande ? No gentleman who has a due regard for 
the national character of this country can, upon retrospection of its history, hesi- 
tate to admit the justice of our claim. The Government of the United States, 
as far back as the administration of Mr. Jefferson, whilst Messrs. Monroe and 
Pinckney were Ministers abroad, in correspondence with the Spanish Minister, 
insisted that the United States had, by the purchase of Louisiana from France, 
acquired all the country east of the Rio Grande, and declared that river the 
western boundary of the territory purchased, upon the principle of new discov- 
ery. It is laid down that all the seaboard taken and occupied by right of dis- 
covery, with all the lands lying on the tributary waters emptying into the sea, 
and the lands lying upon those tributaries, belong to the nation by right of prior 
discovery, as high up as their sources. This principle embraced all that has 
been and is now claimed as the right of Texas. This principle was either cor- 
rect, or it was incorrect. If it was a just claim on the part of the United States, 
the same principle will hear out Texas in her claim. She occupies the same 
country on the seaboard that was (as insisted) embraced in the purchase of 
Louisiana from France. The United States acquired it, as it was insisted upon, 
by the riglit of purchase. Texas has acquired it by the right of revolution, and 
resistance- to oppression. She asserted this claim at the outset of her war of 
independence; during ten years of war she maintained her boundary, without 
having for one moment faltered in the assertion of her rights. But what did the 
United States do .f* That they always act honestly and honorably can not be 
doubted ; theirs was either a just or unjust claim ; if it was an unjust claim they 
were dishonored by making it — if it was a just claim on the part of the United 
States against Spain at that time, it is equally just now when made by Texas. 
But what did the United States do ? They insisted upon the Rio Grande as the 
western boundary of Louisiana. Spain was not in a situation to go to war to 
vindicate her claim, and it was virtually surrendered. By the treaty of 1819, at 
the time Florida was acquired, the country embraced within the identical limits 
which Texas now asserts was disposed of to Spain. If the United States had a 
valid right to it, it was an honest transaction to sell it to Spain ; if she had no 
right to it, then the recollection of such a transaction ought to suffuse the cheek 
of every Senator in this chamber with the blush of shame. Texas now only 
claims the same boundary in virtue of the right of revolution and the compact 
of annexation. If the claim of the United States was honest at the commence- 



Political Intrigue from Washington, 385 

ment of the present centur)% I am not acquainted with any code of morals that 
would render it dishonest in the middle of that century, when we regard the 
blood and treasure which Texas has expended in her acquisition. Sir, the 
President must presume upon the potency of his authority when he says Texas 
will not practically interfere with the possession of the Ujiited States. It is 
arrogance to suppose that she will submit to the usurpations of the military au- 
thorities in Santa Fe. He may imagine that these men whom he regarded as 
inefficient, and whose aid he could not rely on previous to the battle of Palo 
Alto, will permit unbridled assumption to trample upon their rights ; this, sir, is 
a melancholy subject, one which I deplore, and my heart is not easy under its 
influence. Regard it as we may, it is an unhappy and unfortunate transaction. 
It was remarked a few days since by an honorable Senator that if Texas should 
attempt the resumption of her rights in Santa Fe she would find a " lion in the 
path." We have noticed now that he is upon his walk, he has quitted his lair, 
and presents himself in the person of Brevet Col. Monroe, with his epaulette, his 
sword, and all the majesty of military authority. And does Texas cower ? Sir, 
she is erect ; she knows her rights, and I hope she will act with caution, and 
not inconsiderately. No word that I may utter here can stimulate or regulate 
her action. The mandate has already gone forth, or I misapprehend her course. 
It is reported here that three thousand troops have been ordered to the field ; 
they will not quit the soil; they will not invade the territories of the Union; 
they will defend their own ; they will regard the transactions at Santa Fe as an 
act of rebellion, or of resistance within the limits of a sovereign State, and claim 
the right of its suppression. The power vested in the Executive of Texas gives 
him the right to call out the militia in case of insurrection or invasion — if he has 
made the call, let the consequences be what they may, I fasten them upon the 
inhabitant of the White House. No, not upon the individual, but upon the ad- 
visers who surround him ; who can make him an instrument of malleable 
metal in their hands, and, after he has answered their purposes, cast him from 
them. But, sir, I hope that Texas, in her liberality, and in that magnanimity 
which she has heretofore sustained and maintained, will not be cruel. I trust 
her vengeance will slumber ; that cool reason and devoted patriotism will tri- 
umph over all the petty passions of humanity, and that she will be governed by- 
influences which elevate man above all that is sordid and hateful. They have 
no perverted ambition to gratify, but they have a sense of what is right, and I 
hope, in the adjudication of this grave offense, when they make the actors 
amenable to the violated honor and dignity of the State, they will not make ex- 
amples of more of them than is needful, but I am fearful that, in view of the 
great offense, examples may be multiplied. I trust they will be confined only to 
flagrant offenders. 

I have information in relation to proceedings that have taken place at Santa 
Fe, and it is certainly of the most remarkable character. It comes indorsed by 
the Executive, for it is embodied in the information given in his message upon a 
call of this body for information. It consists of extracts from a publication 
made in a newspaper at Santa Fe, urging the adoption of a State Government, 
and assigning as a reason therefor the wishes of the Administration. The tenor 
of it fixes upon the Administration the criminality of having instigated the late 
extraordinary movements at Santa F6. The writer of the publication signs 
himself " One of your Party," and says : 
25 



386 Houston^ s Literary Remains. 

"In this position of affairs the Administration, through a conservative princi- 
ple, and with a hope of shielding our country from the calamity by which she is 
so menacingly assailed, calls upon us to take such decisive measures as will tend, 
so far as we are concerned, to achieve that object, and propose, as the only effect- 
ual means in our power, the immediate adoption of a State Constitution and 
form of government, with the explicit declaration that we are for or against 
slavery, and present them for the action of Congress this session. Hence it is 
we find ourselves placed in a very peculiar and delicate position. On the one 
hand we may hope, within the next three years, to get a territorial government, 
should the Union be undissolved ; and on the other, it appears to be our impera- 
tive duty to abandon those hopes, and, for the preservation of our nationality, to 
assume a form of government we have always, and conscientiously, opposed as 
disadvantageous for us." 

This shows most conclusively that an influence of a controlling character was 
operating upon the mind of the writer. That influence could have been none 
other than that of the Executive of the nation, operating through the officers of 
the army and their employes in the countiy. I have been informed that more 
than half a million of dollars are annually expended in that vicinity, and this, 
with the authority of the military, among such a population as inhabits Santa 
Fe, is sufficient to coerce the action most desirable to the Administration. The 
writer of the article is deeply impressed with the necessity of action on the part 
of New Mexico ; he was well informed, too, in relation to the bearing which its 
action would have on the well-being of the Union ; the evidences were before 
him, and he was " conscientiously forced " to abandon his former policy. 

Where did he get the " evidences ".'* What " forced " him to action } Was it 
directions from Washington, which embodied the " evidences " that " forced " 
upon him a change of policy? Yes ; and with all, he owed a "sacred duty to 
the Union." I will read the extract: 

" Believing, as I am most conscientiously forced to do by the evidences now 
before me, that the peril to the Union is certain, imminent, and immediate, Siwd 
that it is in our power materially to aid in diverting it, I hold it a sacred duty I 
owe to the Union, my adopted country, and to myself, to advise the native people 
of New Mexico that I conceive it to be their duty, as well as my own, and that 
of every other American citizen in the territory, to come forward bnldly, and at 
once, and endeavor to siistaiti the ititegrity of our Union by the formation of a 
State Constitution and government, with an explicit declaration on the subject of 
slavery." 

Previous to writing this article, it appears that the people had been " al- 
ways," and conscie7ttiously, opposed to the State govertunent, as disadvantageous 
to them ; but now the conservative principle of the Admi)iistration calls upofi 
them to take decisive measures, which they certainly have done, as far as they 
were able. 

The Executive is not here directly charged, but the Administration is, and 
"whatever has been done amiss the President is responsible for. He has at- 
tempted to trample down the rights of a sovereign State, and thus by military 
power to vindicate the wrongs inflicted. The outrage upon Texas has been en- 
forced by military power, contrary to the authority of the Constitution. Is this 
military power a portion of the "sovereign power" which we hear spoken of? 



The Right of the State Invaded. 387 

I hope, sir, that it is not becoming a favored principle at the White House. If 
it is, not only Texas, but every State in the Union, may tremble for her rights 
and her institutions. 

In March last, by order of the President, the Adjutant-General referred him 
to the instructions given to General Riley, under date 26th June, 1849, in which 
this remarkable expression appears : " Such regulations must necessarily be 
temporary, as they are presumed to be voluntary, and designed to meet emer- 
gencies and difficulties which the sovereign power will take the earliest occasion 
to remove." This was in reference to the rules and mode of governing the 
people in California, and is here adopted as applicable to New Mexico. What 
is the sovereign power here referred to .-' Is it the action of co-ordinate depart- 
ments of Government? That can not be, for the sole remedy which has been 
here applied has been the authority of the Executive to his subalterns ; Congress 
has taken no action upon it ; the Supreme Court has made no decision, but the 
President of the United States has exercised the sovereign right of deciding that 
Texas has no just claim to Santa Fe, and the country east of the Rio Grande, 
If we will recur to a communication made by Brevet-Colonel Monroe, addressed 
to Brevet-Major Jeff. Vanhorn, on the 28th of December, 1849, we will find 
opinions entertained by him then which differed somewhat as to the right of 
Texas, and evinced a disposition to concede to her the right of civil jurisdiction, 
tmftl the boundary should be settled between Texas and New Mexico, or tititil 
instructions to the contrary might be received from stiperior authority. I will 
submit the extract : 

" As no civil jurisdiction has been assumed over this district by the State of 
Texas, therefore, in order that its inhabitants may have the protection of civil 
laws and magistrates, it is hereby directed that you sustain the civil jurisdiction 
of the Territory of New Mexico, her civil officers and magistrates, in the execu- 
tion of their duiies for the protection of persons and property only, under what 
is called the ' Kearny code,' until such time as Texas shall officially assume civil 
jurisdiction, or the Congress of the United States finally settle the boundary be- 
tween Texas and New Mexico, or instructions to the contrary may be received 
from superior authority." 

From this extract it must be manifest that the orders then given arose from a 
full conviction that Texas had rights, and that she had the right to exercise them 
within that Territory. I will not pretend to account for the change of opinion 
that came over Col. Monroe, nor will I assert that it was induced by secret or 
verbal orders. It is sufficient for me to show that, at one time, not only the 
Administration, but its subalterns and agents, acknowledged the rights of 
Texas. 

It would appear, though, that this was anterior to the exercise of sovereign 
power — a power of which Texas has but too much cause to complain. Sovereign 
power does not reside in the White House at the other end of the avenue, nor in 
the adjacent Department buildings. No, sir ; the sovereign power of this Union 
is shared by every freeman, its embodiment passing through the States from the 
people; a portion of it is centered in the Federal Constitution, and thereby that 
becomes the supreme law of the land, and is the only emliodiment of sovereignty. 
The President is but the agent of the Constitution, and I protest against its vio- 
lation by his subalterns at Santa Fe. It was an unseemly exercise of sovereign 



388 Houston^ s Literary Remains. 

power to attempt to remove the difficulties before referred to, inciting a portion 
of the people within the limits of a State, and without its consent, to erect them- 
selves into a State Government ; this is a palpable violation of the Federal Con- 
stitution ; and, sir, such usurpation can not long remain sovereign in Texas. I 
trust her rights will soon be restored, and exist for ages inviolate, contributing a 
full share to the perpetuity of this Union. But the consummation of this great 
object can only be achieved by proper respect on the part of the Federal Govern- 
ment for the rights of States by which it is constituted, and not by permitting the 
Federal authorities to trespass upon the members of the Union, because they 
may suppose that the States are unable to resist military oppression. For aught 
I know, Texas may be regarded by the Executive or his Cabinet as a mere 
picket, or a corporal's guard, and may be treated accordingly. Accustomed to 
the camp and field, he may imagine that he has only to issue his order to 
be obeyed, and that the soldiers and the bayonets which have upheld h's 
power for forty years are to be instrumental in carrying out his present pur- 
poses. If this be his idea of sovereign power it is fallacious. And, sir, when 
the Executive taunts Texas, and says that there is no danger of any practical 
viterference on her part, he is wrong ; Texas is loyal and devoted, but she 
is sensitive too. She always appreciates her adversaries, she loves her friends, 
and when duty bids her take her stand she never counts her enemies. The 
army of the United States, marched there to enforce a wrong upon her, would 
be weak and powerless. She will not submit to wrong ; she asks for nothing 
but what is right. Every military act which has taken place at Santa Fe, cal- 
culated to embarrass the exercise of her authority there, has been an ep.croach- 
ment upon her rights, and every attempt now made to countenance or sustain 
the action which has been taken already, will be but the continuance of aggres- 
sion, and an effort to destroy her authority as a State. Had Texas, on her part, 
at any time, pursued a course of conduct not calculated to promote the best feel- 
ing with the military authorities at Santa Fe, there might be some extenuation 
found for their conduct ; now it is left without palliation or apology. The com- 
missioner sent by Texas to Santa Fe was a gentleman of manly and sterling 
qualities. How did he demean himself? In a manner becoming the character 
which he bore, and the interesting mission which he had to execute. He was 
respected by all, and his mission promised to be successful ; and no doubt 
it would have been so, had not the military power been employed to resist him. 
That power, united with a clique (to whose character 1 shall directly advert, in 
order to show who they are, and what they are ; how they got there, and what 
they are doing there, and what they intend to do, and their object in the forma- 
tion of a State Government), to defeat the object of the commissioner. Yes, sir; 
this commissioner deported himself as an officer of his Government, as a soldier, 
who had passed through Indian trails, endured hardships, borne fatigues, and 
undergone privations within the territory to which he was then commissioned. 
He was only zealous to maintain the honor, and uphold the rights of his own 
State ; he was worthy of his position, and most worthily did he conduct himself. 
I will now give a little insight into the character of those gentlemen who are so 
busily engaged in carving a new State within the limits of Texas. It is derived 
from a communication addressed to the editor of the Pennsylvanian, a highly 
respectable gentleman, and the editor of a highly respectable journal. The 
writer is from New Mexico, whose name is subject to the call of any gentleman. 



Army Adoentyrers tlie Agents in Intrigue. 389 

From the style of his communication, I freely infer that he is a gentleman of 
some mark and character for intellig-ence ; and for the purpose of presenting 
many important facts, I will read the communication : 

" Messrs. Editors : — As yours is the only sheet which, in its views, approxi- 
mates near the truth, in relation to a portion of New Mexico claimed by Texas, 
I take the liberty, with your permission, of making some statements, which hun- 
dreds of American citizens in Santa Fe will at any time verify, and which the 
future will prove the truth of. 

" The attempt to form a State Government there had its origin in the ingenuity 
and self-interest of not over twenty men, all told, each of whom, until the early 
part of April, had opposed with all his energies the organization of a State Gov- 
ernment, and had clamored loudly in public, and in a newspaper which Govern- 
ment officers, in Santa Fe, had appeared to have sold, for the continuance of a 
territorial government. This latter kind of government, it was said, was much 
the cheapest ; and besides, the New Mexicans would never consent to direct, or 
even to indir.-Ct, tax ition. 

"Some of these gentlemen were favorite contractors at the Commissary and 
Quartermaster's Departments of Santa Fe and the territory, having numbers of 
dependent employes ; some were the settlers of Santa F^ and the towns along 
the Rio Grande, men appointed by the militaiy Governor, with certain privileges 
and immunities, which have made them rich at the cost of the poor teamsters 
and soldiers ; then there were the clerl<s of the Quartermaster, and the clerks of 
the army stores. This clique of men, all of whom are recipients of pay from 
Washington, and some of whom are said to have accumulated a quarter of a 
million of dollars since they have been in Santa Fe, are the only political agita- 
tors of New Mexico. It is they who have been endeavoring, by the loan of 
paper, press, and types to Judge Ortera, a Mexican aspirant to the Guberna- 
torial chair, to excite the prejudices of the New Mexicans against all who are in, 
or whoever may come into the country, who will not think as they think ; and 
it was they who contrived to have Mr. Hugh N. Smith sent to Washington as 
a territorial delegate. These men are now for a State Government. Why ? 

" Will it be presumed for a moment that they became tired of drawing their 
salaries, and of exercising the privileges of power and place which were theirs .'* 
— theirs f?ir removed from the supervision of the people, or of the authorities of 
the United States.-' Their power they used wiih an iron hand; their favors 
were dispensed to those who well understood what was required of them in re- 
turn. Why are these men now for a State Government? The answer is, 
because they are forced by the public opinion against them of all the merchants 
and citizens of New Mexico, who have witnessed their conduct, political and 
personal, to vacate the places which they have abused ; and because the claims 
of Texas were admitted to be just by the almost entire American population of 
the territory, at numerous meetings held previous to the i6th of April, at every 
one of which meetings the Government clique, and their resolutions denouncing 
Texas claims were voted down, ten to one. In desperation, then it was resolved 
in caucus, before I left Santa Fe, to make a new move on the political chess- 
board, and one morning the citizens were nearly unable to believe that the men 
and the newspaper, which had always supported a continuance of territorial 
government, and ridiculed the idea of a State one, were the clamorous advocates 
of the latter, and had already put the necessary machinery at work, which has 



390 HoustoTi's Literary Remains. 

since induced Col. Monroe to act as he has acted in regard to Texas and her 
Commissioner, and has created the convention of twenty-three persons, who 
have lately proclaimed New Mexico a State. 

" In all these movements tending to the existence of New Mexico as a State, 
the people had taken no part up to the i6th of April last ; on which day I left 
Santa F6 for Philadelphia. The speculators had. Every one of the persons 
who aided to produce the events which have since occurred there I know per- 
sonally ; and every one is a Government employe, as well as a speculator — and 
in one case, peculator. What I say, Mr. Editor, I can prove at any time and 
place, by witnesses ; and hold myself ready so to do. Nor have I told you 
scarcely anything yet, compared with what I will endeavor to state, of the man- 
ner in which the people of the United States are robbed, in New Mexico, by 
men who have held sway there, and who are trying still to hold it under the 
new aspect of things. Should you deem any information, which I may be able 
to give you, worthy of publication, it is at your service. 

" Yours respectfully, J. M. D." 

Now, sir, can any one suppose that this is the whole history of the cause 
which led to the maltreatment of the Texan Commissioner, or the consequences 
which are to flow from it.'' No. A Constitution is to be sent here by New 
Mexico, under the supervision and direction of the President of the United 
States and his Cabinet, and presented as a firebrand to produce additional dis- 
traction in the councils of this nation, and, if possible, to defeat every salutary 
measure intended for the reconcilement of the difficulties which now exist. The 
non-action policy of the Executive and his Cabinet is fraught with every mis- 
chief; it brings with it no soothing influence for the restoration of peace and 
harmony ; it is only calculated to continue excitement, and increase existing 
evils. If New Mexico presents a Constitution, ail the advocates of the adminis- 
tration will rally to the support of the measure ; which will be urged by all the 
influence of position, and advanced by all the power of patronage. In what 
situation then will Texas be placed .'' Will not all those who sympathize with 
her situation and respect her rights, rally to her rescue, determined to vindicate 
her honor.'' It will be a conflict then of a sovereign State contending for her 
rights and privileges on the one hand, whilst military usurpation and sovereign 
power will be struggling to defeat her rights, and crush her spirit, on the other. 
This can not be done ; but the very apprehension of such a course as the one 
contemplated by the Executive, is fraught with calamity and distress to the 
country. No one acts without a motive ; and it is fair to suppose that the ob- 
ject which is aimed at is a continuance of the present men in power by a re- 
election of the present Executive. As one of the signs manifest, I discover in 
the letter of Hugh N. Smith, when urging New Mexico to adopt a State Con- 
stitution, that votes, votes are wanted here to secure influence, and consequently, 
if New Mexico is admitted, it will increase the States in the Presidential election. 
Sir, the horse is already upon the track ; already has the administration organ 
announced General Taylor as a candidate for re-election. Why, sir, what sort 
of conduct is this on the part of the Administration ; which should be alive to 
everything calculated to harmonize the counti7. Even the high object of the 
Presidential office, when brought into the scale against the union, peace, and 
pro.sperity of more than twenty millions of freemen, should be placed beneath 
the heel of all honorable patriots ; yet this additional cause of excitement is at 



HovstoTi's View of the ^^ Compromise.''^ 391 

this moment brought forward to increase the confusion now prevailing. But I 
have hope that Senators will come up to the present crisis and look it in the 
face, regarding its proper settlement as the means of restoring harmony and ad- 
vancing the prosperity of the country. I ask you, sir, where is there a portion 
of the earth so prosperous and so happy as the country which we represent ? 
All the elements of human felicity and glory are in possession of the y\merican 
people. It is true, a portioa of the State from which I come is unfortunately 
subject to incursions from marauding Indian tribes, and I am fearful that the 
proceedings at Santa Fe will be calculated to increase the hostility of the Indi- 
ans, and add to the calamities of our frontier; 'tis true that more than seven 
hundred infantry have been ordered into Texas ; such troops may perform gar- 
rison duty, but against the Indians they must be inefficient. Cavalry, or well- 
mounted rangers, are the only description of troops that can be useful against 
Indians. I hope the design, in ordering these troops to Texas, is not to prevent 
her from any practical interferejtce with the possession of the United States. 
If it is really intended for the protection of the frontier, and not as a menace to 
Texas, I sincerely hope that by her it will be rightly construed. Nevertheless, 
I have confidence that Texas will exercise patience, the most elevated patriot- 
ism, and a reasonable zeal, while remembering that her rights have been disre- 
garded by the contrivance of the Administration. 

I will now say a word in relation to a subject, upon which I have not spoken 
in this body, and which I deem paramount to all others: I allude to the Com- 
promise. If I had been opposed to that measure, it seems to me, from the man- 
ner in which it has been brought forward, and the consideration which has been 
devoted to it, the amount of character embodied in its production, the intelli- 
gence of the individuals who have combined in support of it, their connection 
with the fame and history of the present age, their former honorable achieve- 
ments, and its presentation in this body by a chairman whose experience and 
high standing elevate him to an unrivaled position — when, under these impos- 
ing circumstances, it comes before this body, I am bound to accord to it, as well 
as its authors, my profound respect and consideration. Defective though it may 
be in some particulars, I should be tempted to distrust my own judgment if I 
were to condemn the general plan of the compromise. It may be improved by 
amendments, and. I doubt not, they may be of advantage to its perfection ; but 
the great object to which it looks is of paramount importance, not only to us 
here, but to all throughout America, and to the civilized world ; for should no 
compromise be effected, and distraction and anarchy stalk abroad, what happi- 
ness can we look for, or what perpetuity of freedom can we anticipate .? Under 
these circumstances, I am disposed to give every possible aid to the measure in 
the hope that it will be made acceptable, that it may soothe or quiet the present 
distraction, until more fortunate circumstances shall dispel all clouds, and hush 
the jarring elements to peace. 

I alluded the other day but cursorily— though not cursorily either — to the feel- 
ings which have always been evinced by the Executive, and now transferred to 
the Administration, against Texas and New Mexico, I must say with the inten- 
tion of doing the President great justice, as I atn always ready to do. Though 
I do not like the way he has treated Texas, still I desire to make the proper dis- 
tinction between a thing well done and one which is not well done. The Pres- 
ident did say, in relation to the abuse lavished upon Texan troops during the 



392 Houstoii^s Literary Remains. 

war with Mexico, on one occasion — for I remember the publication that was 
made on the subject — that the information which was embodied in the dispatches 
read by me, was derived from an ex-Governor of Texas, then in command of 
those troops ; and that if they were misrepresentations the Governor was the 
author of them. That Governor, I believe, denied that this was true. Who- 
ever was the author of the calumny, I will not pretend to say ; for as the Gen- 
erals are both in high positions, it would be a piece of arrogance for one so 
humble as I am to decide a question of such delicate import. It is a question 
of veracity between one who occupies the mansion at the other end of the Cap- 
itol, and another who is the ex-Governor of a State, and the sole representative 
of the sole lone star of Texas in the late Nashville Convention — and self-con- 
stituted at that. Yet, however the matter may stand between those Generals, 
Texas shall not be undeservedly slandered without an effort on my part to vin- 
dicate her reputation. 

Well, sir, the Nashville Convention — I have no right to speak harshly of the 
meritorious gentlemen composing that Convention — never has been a pet of 
mine. I thought I discovered an inkling of such manoeuvres some two or more 
years ago, but I do not desire to occupy the time of the Senate by telling what I 
then thought, and 1 will content myself with saying, that it never has been a 
pet of mine. If there ever was a time for such a thing, I have ne\er seen it. If 
it was called in contravention of the Constitution, and in violation of its pro- 
ceedings, I do not think well of it. The Constitution declares, that no one or 
more States shall enter into any compact or agreement without the consent of 
Congress ; and I do not believe Congress was ever consulted on the subject. If 
it meant anything, it was contrary to the Constitution, because it must be a com- 
pact or agreement ; if it v/as not intended to make a compact or agreement, then 
I must think it was a piece of ridiculous flummery, and not particularly entitled 
to my respect, though the individuals who composed it may be. Now, that is 
my opinion in regard to the Nashville Convention. In view of the fact, that not 
more than two hundred and fifty votes out of thirty thousand were given in 
Texas for a representative to this Convention ; and as it is the fact, since I have 
occupied the floor since this subject has been agitated, I avail myself of this op- 
portunity — in the face of this assembly of the conscript fathers of America — in 
the face of the American people and the civilized world — in the face of all order 
— for order is the first law of Heaven — and in the face of my Creator — as I be- 
lieve it to be inimical to the institutions of my country — to disdain and protest 
against that Convention and its action, so far as Texas is concerned. Yes, sir, 
I do it from my heart, and 1 know the declarations will meet a response in the 
hearts of thousands who are imbued with a pure love of the Union, and who 
have rushed to it as an asylum from all surrounding difficulties. Think you, 
sir, that after the difficulties they have encountered to get into the Union, that 
you can whip them out of it.-* No, sir. New Mexico can not whip them out of 
it, even with the aid of United States troops. No, sir! — no, sir! We shed our 
blood to get into ii, and we have now no arms to turn against it. But we have 
not looked for aggression upon us from the Union. We have looked to the 
Union of these States and its noble course to vindicate our rights, and to accord 
to us what in justice we claim — what we have ever claimed — and less than 
which we can never claim. 

The honorable Senator from New York [Mr. SewardJ, yesterday when speak- 



Texan Bonds and Speculators. 393 

ing of a measure that is not remarkably popular in Texas, I think— the Wilmot 
Proviso — said that you might slay it here, and it had been said that it was killed, 
but that the ghost — the dead corpse — had returned, clad with steel, and pro- 
ceeded to stalk through these halls again. I really thought he said a dead 
horse, instead of a dead corpse, at the time ; and it occurred to me at the mo- 
ment, that if I saw any such spectre walking through the Hall, or on any portion 
of terra firma to which I could lay claim, either in or out of the State of Texas, 
and I had anything to do with the grooming of that horse, I need not borrow 
old Whitey's silver curryconib to do it, but would take an iron one [laughter], 
and I would rub him down with that. 

I shall not occupy further the time of the Senate, and shall content myself with 
submitting to their consideration the views I have presented. 

Mr. Clay. As these resolutions are likely to be the subject of further discus- 
sion, I move to lay them on the table for the present. 

The motion was agreed to. 

[Note. — General Taylor's decease, shortly after the delivery of this speech, 
induced the author to suppress it, with the design never to publish it, had it not 
been that the Hon. Mr. Pierce, of Maryland, and the Hon. Jefferson Davis, of 
Mississippi, made replies which were published. As those gentlemen animad- 
verted, with some degree of severity, upon Mr. Houston's remarks, he felt it a 
duty to submit them, with the reasons for them, to the community.] 



SPEECH DELIVERED IN THE SENATE, FEBRUARY ri, 1853, ON 
THE BILL PROVIDING FOR THE TEXAS DEBT. 

On the bill to provide for the payment of such creditors of the late Republic 
of Texas as are comprehended in the act of Congress of September 9, 1850, 
Mr. Houston said : 

Mr. President : I am very reluctant to occupy a moment of the precious time 
of the Senate, and particularly when other matters which are, in the estimation 
of honorable gentlemen, of so much urgency are pressed upon the attention of 
the body. But the bill before tlie Senate seems to implicate the character of the 
State of which I am in part the representative on this floor, and demands of her 
Senators at least an explanation. If they are incapable of vindicating her repu- 
tation, if she can not be justified in the course which she has adopted, no excuse 
will be rendered for it ; and, to determine upon the merits of her claims to con- 
sideration and to the due regard of her sister States, it is proper that we should 
advert to the circumstances under which those debts originated, and under 
which they are held by the present claimants. 

Texas, when she rose from her revolutionary struggle, did not owe much 
more than $2,000,000 ; and more concurred in the opinion that she owed but a 
million and a half than that her debt exceeded two millions. This constituted 
the amount of her entire liabilities at that time, and up to the year 1838. From 
the period of the commencement of her separate Government, in the fall of 1836, 
down to the winter of 1838, her entire debt did not exceed $2,500,000, embrac- 
ing all her liabilities; and her entire currency in circulation was less than half a 



394 Houstoii's Literary Remains. 

million. It was from 1838 up to the end of 1841, that the debt accumulated 
from two and a half millions to the enormous sum of twelve millions of dollars. 
This was not, as gentlemen seem to understand it in most instances, a debt cre- 
ated by the sale of bonds, pledging the faith of Texas for their redemption ; for 
a little more than one million of bonds are all that are outstanding against 
Texas. The other debts have resulted from her currency. The impression has 
gone abroad that Texas was placed on a footing with other States, Indiana, Illi- 
nois, Pennsylvania, Mississippi, and others, who sold their bonds at a deprecia- 
tion, and that, therefore, the question would not arise whether she received the 
full value of those bonds or not ; but that she was bound to pay them at their 
face ; that she had received the most that could be obtained for them, and that 
the risk justified the depreciation of price at which they were purchased. 

I know that these are the impressions which have gone abroad throughout 
the community ; and if Texas, when her credit was low and depressed, had 
been comptlled to raise means for the support of her armies and for the expenses 
of her civil list, and had for that purpose sold bonds calling on their face for a 
hundred cents to the dollar, and had only received fifty cents, she would yet have 
been bound in good faith to redeem them according to the letter of the liability, 
and would have had no excuse for shrinking from punctually meeting her obli- 
gations but inability to pay her debts. But when v/e look into the nature of the 
liabilities of Texas, we find that, with the exception of about one million of 
dollars, they are of a very different character from what has been generally sup- 
posed. Texas issued promissory notes. Up to 1838, these passed currently at 
par. A change in the administration of the Government then took place, and 
the first act of the new Administration was to raise new regiments for the pur- 
pose of defending the frontiers, as it was said, and then, although the previous 
amount allowed to the Executive for frontier defense had been inconsiderable, it 
was swelled up by appropriations to the amount of a million and a half of dollars, 
and the civil list had no less than half a million appropriated to support it. 

The throwing of these two millions of dollars of promissory notes into circu- 
lation, had the effect of lowering the value of the former currency, and the 
whole depreciated at least fifty per cent., and gradually declined from that to 
the lowest point of depression. Successive issues were made, and the depre- 
ciation continued during the years 1839, 1840, and 1841 ; and in proportion as 
the issues were increased the depreciation went on. During that period im- 
mense expenditures were mcurred and liabilities issued, for which there was not 
the semblance of authority. The Santa Fe expedition was fitted out, and must 
have cost more than one million of dollars; and that expenditure was incurred, 
not only without authority, but in positive violation of the expressed will of the 
two Houses of the Texan Congress, by a mere dictum of the Executive. The 
arms and munitions of war of the country were entirely expended in that 
expedition ; and accumulated expenditures were bequeathed to the succeeding 
Administration. Thus issues to the amount of millions were made without 
authority, and they became valueless. In December, 1841, Texas suspended 
payment because she was then unable to pay her debts. 

But here let me ask. Who are these creditors who now come forward with 
such plaintive appeals to this body? Who are they who are imploring the com- 
miseration of Senators : " Help us or we sink " ? Are they men who were suf- 
ferers by the Texan revolutionary struggle ? or are they men who speculated 



Speculators, not Texan Soldiers, Holders of Bonds. 395 

upon the individuals who went through the toils and dangers of that revolution ? 
These promissory notes depreciated in the hands of men who had toiled and 
fought in the revolution, men who had there given their services and their ener- 
gies to the cause of independence. In their hands the notes depreciated until 
they became valueless. They were then thrown upon the market, they were 
seized upon by speculators. At auctions, in the streets of our cities and villages, 
they were submitted to public sale and cried off at from three cents to five cents, 
" Going, going, gone." Then it was that these speculators came in and secured 
their claims to the generosity and clemency of Texas, and the feeling and com- 
miseration of this body ! 1 here were no bonds sold in market for what they 
would bring; but these were promissory notes sold for a mere song under the 
auctioneer's hammer, and " in quantities to suit purchasers," for they were piled 
up as large as cotton bales. When they were cried up till they reached about 
three cents on the dollar, they would be knocked down to the bidder, and he 
would be told to go and select from the pile as many as he wanted; he might 
take a bundle as large as a cotton bale. [Laughter,] 

That is the way in which these evidences of debt were obtained. These are 
the liabilities for which gentlemen claim a hundred cents on the dollar, and 
which were acquired at the rate of from one to three or five cents on the dollar. 
No doubt gentlemen in the United States thought the prospect was very fine ; 
they knew that the Texans were descended from the Anglo-Saxon stock, and 
that they would maintain their liberty in defiance of every difiiculty ; for the 
American race never retreated, never took one step backwards; and that from 
the day they had impressed their footsteps upon a perilous soil, they would go on. 
Such gentlemen, perhaps, thought that if the Texans were involved in difficulties, 
they might venture to sell real estate and get money when there was a prospect 
of investing it in Texas depreciated paper to much advantage. No doubt under 
these circumstances gentlemen in the United States purchased large amounts 
of the promissory notes of Texas at ten cents on the dollar, and now come for- 
ward and claim one hundred cents on the dollar! To exemplify it more par- 
ticularly, I will state, that such was the depreciation of Texas currency, that, 
for instance, if a judge, getting a salary of $3,000, came forward to receive it, 
and his demand was exhibited, he would receive in Treasury notes $30,000, 
based upon no issue of bonds, but upon credit. In his hands, the money depre- 
ciated, until, perhaps, it became worthless, and then it was thrown into the 
market in some village, and purchased up by speculators at from one to three or 
five cents. 

This is the character of the Texas liabdities. This is the manner in which 
they have been bought. What justice, therefore, would there be in giving a 
hundred cents upon the dollar for their redemption, when they were acquired at 
rates varying from one cent to five cents? Is Texas bound in good faith to do 
it.'' Was the risk to these gentlemen worth the difference between three cents 
and a hundred cents on the dollar? I think not. Then, let me ask, has Texas 
evinced a disposition to pay her debts in good faith, and according to the rules 
of equity ? 

Upon these funds thus passed away at the most depreciated rates, and that 
were purchased up at a mere nominal rate, Texas has determined to pay upon 
none, no matter for what they were bought, less than twenty cents on the dollar, 
and from that rate up to twenty-five, fifty, seventy, and seventy-five cents, accord- 



396 '■ Houston's Literary Hemains. 

ing to the dates of the issues of the notes, and the value at which they were 
issued, and also including, in most cases, the interest. This is the equitable 
principle upon which Texas determined to pay her debts. Does this evince a 
disposition to defraud her creditors, to invohe her reputation, to repudiate? In 
these honest times, if a man gets his due, he is doing very well. Has not Texas 
done this toward her creditors "> Texas, sir, has evinced no disposition to evade 
the payment of all equitable and just debts and liabilities. 

I have every disposition to be very candid on this occasion, and therefore I 
think it due to the creditors, I think it due to individuals, and I think it due to 
the Government of the United States, to state plainly that I would not eschew 
one liability on the part of Texas, and transfer it to the shoulders of the United 
States. I would say to Texas, " Pay away the last cent in your coffers, bank- 
rupt yourself, give away your hundred milhons of acres of land, rather than 
throw the responsibility on the United States." If we were to be left destitute 
of a dollar, a^^d without an acre of land available, the times then would not be 
as gloomy as those through which Texas has already passed. I would be sorry 
to see Texas not meet her just liabilities, and throw the responsibility of them 
upon the United States, and that then, through grace and tender mercy to the 
reputation of Texas, the United States should liquidate our debts. 

I am for doing justice, and nothing but justice ; but I am determined that 
something shall be understood in relation to this matter, more than the partial 
representation of the claimants was disposed to exhibit to the world. Who are 
those that are most clamorous against the injustice of Texas, and the wrongs 
which they have sustained from her } Are they men who have peculiar claims 
upon the sympathy of this body ? Are they men who have peculiar claims upon 
the confidence of Texas ? Are they men who blended their destiny with hers 
in her hours of trial ? Are they men who marched with her armies upon their 
marches .'' Are they men who upon her vigils of peril watched with her ? Are 
they men who toiled or starved for her.-' No, sir. They have sprung up, like 
dragon's teeth, around this Capitol within a few years ; and we find the diffusive 
influence of this speculation upon multitudes that surround the Capitol. Mem- 
bers are besieged at every step with appeals, " Do this for us ; do justice for us ; 
save the reputation of Texas; be honorable, and it will do her some good." 
They do not say, in significant strains, " Fill our pockets, fill our pockets, will 
you .'' " though this is what they mean. They mean nothing else than to acquire, 
and to take away from either Government — I will not say ill-gotten gains — but 
what would be clear gains, if they got them. 

The largest amount of the outstanding issues against Texas at this time arises 
from obligations that were issued from her treasury, for which she received but 
from sixteen to ten cents on the dollar ; and now a hundred cents on the dollar 
is claimed for them, swelling the amount of her debts to millions. No matter 
how irregularly the debt was contracted by Texas, whether there was authority for 
the obligations issued or those brought in and funded ; whether they were made 
without appropriations or not, Texas has estimated them, and placed them on 
a footing with the other equitable demands against her. She has extended 
equity when she might have caviled, and contended that, according to strict law, 
or common usage, she was not bound. Yet we are told that if Texas would 
only corre forward and redeem her outstanding obligations at par, or pay all the 
money she has in her coffers, and the $5,000,000 reserved by the United States, 



The U. S. Eepndiators of Revolution Belts. 397 

she would establish a reputation above all suspicion ; that she would then sus- 
tain herself with credit ; that it would do her more honor, and make her a more 
glorious nation than ever existed. Sir, Texas as a State is only a part of this 
Confederacy; one of thirty-one ; and she does not aspire to be more glorious 
than the United States, or the mighty nations of the earth. We find that they 
have perpetrated offenses against good morality and national honor, which Texas 
scorns to do. They have repudiated debts, not only revolutionary debts, but 
others contracted in good faith. This Texas has not done, and will not do. 
She has not repudiated one dollar of her revolutionary debt, and she will not do 
it. She will pay a hundred cents upon every dollar she has realized. Is not 
that worthy of admiration ? Yet gentlemen say she would be glorious if she 
would pay the nominal amount of her liabilities. 

When the United States repudiated — I do not claim that as authority, but I 
wish to bring it in array before the pubUc mind — it was for an amount upwards 
of $240,000,000 of revolutionary debt. Has Texas done anything of that sort ? 
Has she repudiated one just demand, amounting to a single dollar, of citizens of 
Texas who assisted her in her hours of difficulty ? Not one. The United 
States repudiated millions, and hundreds of millions, held in the hands of war- 
worn veterans, who had toiled through a revolutionary struggle of seven years. 
The United States repudiated the revolutionary debt of the war of Independence, 
which commenced in 1776. Texas, during her revolution of nine years, did not 
repudiate one dollar that was held by her revolutionary soldiers. The United 
States, when they assumed the debts of the several States — the old thirteen — 
after the war of the Revolution, required the States to scale those debts, and 
paid them at the scaled rates. If we were disposed to be a little tricky, might 
we not follow these examples? But if we have been tricky I do not know what 
fair dealing means. 

We do not, however, claim the benefit of the high examples to which I have 
referred ; but I think that in view of them it comes with a very bad grace from 
the United States to become administrator on the affairs of Texas, and to de- 
termine what are her liabilities. 

The amount of $5,000,000 that was reserved in the Treasury of the United 
States was reserved at the instance of creditors, who were importuning and sur- 
rounding Senators here when legislating on this subject. Some sagacious law- 
yer had discovered that the United States were liable when they acquired Texas, 
and received from her means which were intended for the liquidation of her 
debts. It was not intended by that reservation to determine what the debts of 
Texas were, but only the debts of a certain character for which the Govern- 
ment of the United States might possibly be held liable. When were they to 
pay these debts ? When ascertained by Texas, and certified to the Treasury of 
the United States. That was the object of retaining the $5,000,000, as I under- 
stood it at the time, and 1 voted upon the subject in all good faith and confi- 
dence, satisfied, as I was, that the amount upon which the impost duties of 
Texas were pledged did not amount to $5,000,000, and that there would be a 
large residuum to Texas of that amount. 

The President and Secretary of the Treasury of the United States, after the 
passage of that bill, determined, in effect, that the Government of the United 
States were liable for all the debts of Texas. It will be remembered that in the 
administration of the Government of Texas from 1841 down to the time of the 



398 Houstoii's Litercn^y Remains. 

annexation in 1845, there was not one dollar of debt incurred, nor one liability 
created. From December, i84t, when the exchequer system was established, 
and the immense issues of $12,000,000 were suspended, $200,000 was the 
amount of the currency established by law, and that commenced to issue at the 
rate of a hundred cents on the dollar. A combination was directly formed of 
brokers and speculators, gentlemen alien to Texas, who wanted to filibuster, and 
subvert the Government, right or wrong, who said that if they were not admit- 
ted into its control or made participants of it, they would subvert it, if by no 
other way, by revolution. They combined, and by their combination immedi- 
ately reduced the value of that currency from a hundred cents to seventy-five, 
and at one time it went down as low as twenty-five cents on the dollar. By 
economical issues, by extreme economy in the Government, the value rose 
again. But the Legislature, which met annually, consumed a large amount, 
and being opposed to the Executive, sought every possible means to embarrass 
him ; and instead of requiring the taxes to be paid as under the previous existing 
laws, they repealed those laws for the collection of taxes, or postponed their 
operation for six months, so as to depreciate the value of, by lessening the de- 
mand for, this currency, and thereby to embarrass the Government in such a 
way that it could no longer exist. However, the good fortune that presided over 
Texas, and directed her path, did not desert her. The currency came up again, 
and was at par ; but after a long session of the Texas Congress it fell to fifty 
cents, and even as low as thirty-seven and a half cents ; but it rose again, and 
continued at par, in spite of all the combinations and machinations of faction, 
corruption, and treason. When that administration ended, in 1844, the Gov- 
ernment of Texas had not only accumulated in the treasury $25,000 of par funds 
in gold and silver, but it had paid all just and unavoidable demands to foreign 
nations, and to support the Santa Fe and Mier prisoners in Mexico, and to pro- 
cure their release, not less than $70,000. So that the Texas debt, with the ex- 
ception of $2,500,000 accrued between the years 1838 and 1841, not a solitary 
cent accrued in the administration which lasted from the end of 1841 to 1844. 
It will thus be seen the debt of Texas did not grow out of her necessities, and 
that the present creditors who come forward here with their demands, and who, 
according to their saying, helped Texas in her hours of trial and threw their 
money into her lap, instead of doing that, threw it into the lap of speculators. 
Not a dollar of it went to Texas which will not only be paid in par funds, but 
which will also, I trust, be paid with interest, and at a premium. There were 
bonds issued, — let them be paid to the letter and to the last farthing ; but let 
those who have accumulated these obligations by speculation, and that, too, of 
a most enormous character, receive, like Shylock, their " pound of flesh," or two 
pounds if you please, but " not one drop of Christian blood." Sir, if these men 
were the assignees, or the descendants of Shylock, they would reflect just credit 
upon his reputation. [Laughter.] 

But, Mr. President, it is thought that it is immoral in Texas — that it is not a 
clever thing in her not to pay her debts. Now, I should like to ascertain by 
what standard of morality we are to arrive at the adjustment of her debts } Is 
it that standard of morality that pays a man not only what he has given, but a 
hundred per cent, in addition to that? Or is it the standard it is proposed to 
establish here, that when a man has given three cents for a dollar, he is to get 
a hundred cents? Is it that rule by which we are to judge of the morality of 



The U. 8. hound f 07' Mexican-Texan Deht. 399 

Texas, and the advantage of her creditors ? That would be a very agreeable 
one to the creditors, but I can not see that it would be complimentary either to 
the heart or the head of Texas. I do not think there is anything smart in it. 
It may be smart for the creditors, but certainly most stupid for Texas. They 
are for fixing their standard of morality for Texas, and she is for fixing her 
standard of equity and justice for them ; and the United States have no business 
at all with it one way or the other. 

If, however, the United States are bound for the debts of Texas, they are 
bound for much more than this bill proposes to pay. The independence of 
Texas was not recognized by Mexico when it was annexed to the United States. 
The domestic debt of Mexico was then about a hundred millions of dollars. 
They claimed that Texas should pay a part of it. Propositions were even sug- 
gested before annexation, that if Texas would assume her proportion of the na- 
tional debt of Mexico, the independence of Texas might be acknowledged. If 
the United States are now bound by the act of annexation for ihe debts of 
Texas to the extent that the means taken by the United States would have gone, 
the debt to the Government of Mexico is a prior one, and the United States are 
bound to Mexico for a much larger sum than they are bound to these creditors. 
Would you be willing to go back and settle that amount ? Yet it has a priority 
over the present demand. Mexico never recognized the debts that Texas in- 
curred by her revolution, and if you recognize that you are bound to pay them, 
you should also pay to Mexico the proper proportion of Texas to the one hun- 
dred millions of the domestic debt of Mexico. 

It is true, the Government of the United States might justly bear a part of 
the liabilities incurred on the part of Texas, because a portion of the debt of 
Texas was entered into for the purpose of defending her frontiers against the 
Indians. What Indians were these ? Were they indigenous to Texas ? No, 
sir. Who were they ? The Shawnees, the Kickapoos, the Choctavvs, the 
Anadacoes, the Kechies, Wacoes, Caddoes, and other Indian tribes from the 
limits of the United States, who settled in Mexico, and made war upon Texas. 
It was therefore necessary for Texas to defend a frontier of six hundred or eight 
hundred miles against the inroads of these Indians. The Government of the 
United States was solemnly bound by treaty with Mexico to defend Texas 
against the Indians, to reclaim them to the territory of the United States, and 
to inhibit their crossing the frontier. Instead of that, what did the United 
States do ? I intend no reflection upon them, but I intend to vindicate Texas, 
now a part of the United States, but then a part of Mexico. The United States 
had solemnly pledged their faith, by treaty, to give protection to the boundary 
of Mexico ; but instead of that, they treated with the Caddoes and acquired their 
territory, forced them into the boundary of Texas, and paid them in arms, in 
munitions of war, in powder, in implements of slaughter and massacre, and 
those Indians drenched our frontier in blood. Weak as we were — pressed upon 
by Mexico on the one hand, and the wily and sagacious Indian on the other 
hand, watching his opportunity to maraud upon our frontiers and slaughter our 
men, butcher our women, massacre our children, and conflagrate the humble 
hamlets in which they had dwelt in peace, we incurred expenses to keep them 
off, and for this the United States are responsible, as they are for a hundred 
other violated pledges in relation to Indians. 

But what is the real history of this matter } When the scaling of the debt of 



400 HoKstoji's Literary Hemains. 

Texas took place, in 1848, there was an almost entire acquiescence on the part 
of her creditors. Some three or four, or perhaps five, were somewhat refrac- 
tory, and having more sagacity than the others, they concluded that there was 
some important advantage which they would gain by coming here, and there- 
fore they had recourse to the Government of the United States. They might 
then have had in view the idea of a reserved $5,000,000 fund out of which they 
would be enabled to get their demands by appealing to the sympathy of mem- 
bers ; by trying to show that they were bankrupted by their liberality in their 
anxiety to help Texas in the time of her direst need. They thought that if they 
could represent successfully to the Congress of the United States that they had 
been munificent and liberal toward Texas, it would entitle them to some extra- 
ordinary interposition of the Government of the United States. They came for- 
ward after the compromise was proposed, but not until that time. They re- 
ceived a new impulse by the proposal of the compromise. Most of them had 
acquiesced prior to that time, and we now find that hundreds came in who were 
not then interested in the debts of Texas, Strangers have come in as partici- 
pants in the interest and are to be the recipients of its benefits. This is the 
case, and none will deny that there has been a most extraordinary change. If 
it had not been that the compromise of 1850 passed, the Texas creditors would 
nearly all have received their money, or their proportion of it, by this time, and 
would have been at rest and quiet, each man consoling himself in the advantage 
of having made a handsome speculation upon his adventure. But it was thought 
proper that there should be an appeal to the generosity and magnanimity of 
Texas, and after her to the United States, and that they might make something, 
and could lose nothing by that course. In that way it is that these claimants 
have not only multiplied, but they have become more urgent in their pursuit for 
gain, and are now resolved that nothing will satisfy them but the hundred cents 
on the dollar, according to the face of the paper. 

Well, sir, Texas has incurred liability. She issued bonds to a certain amount. 
Let her pay those bonds with interest, since she made a tender of them in the 
market. Let her pay for her vessels-of-war or navy ; let her pay all the just 
contracts she has made ; all the equitable liabilities arising from the currency 
which she threw into circulation. That currency became valueless in the hands 
of her own citizens, and was then grasped at by greedy speculators. Let her 
treat them, as she has done, with justice and fairness. It was twice in prospect 
to repudiate the debt of Texas. But did she do it ? It was talked of, and a 
little encouragement might have produced the result. The conduct of the re- 
fractory creditors had no doubt stimulated it. But Texas did not repudiate a 
cent. Her Executive discountenanced it. It may be that an extract will be 
read here from the message of her Executive, in 1843, showing that she would 
pay the last cent which she justly owed. So she will. But if that message is 
read, let it be remembered that not a word of the extract is recognized until the 
whole message is produced here upon the floor, and the whole instruinent con- 
strued together. It was then laid down as a principle that the Government of 
Texas would equitably redeem every dollar that she owed. 

She had evinced a disposition to do it by submitting her public lands to entry 
at two dollars per acre when her notes were selling at three cents on the dollar; 
and she had kept them open for years subject to entry at that rate. She has 
gone further, and says it will be just to redeem money issued at a depreciation 



The U. 8. hound as to Texan Land Claims. 401 

at the full value at which it issued from the treasury, with interest thereon. That 
is the act of Texas. What the refractory conduct of her creditors may do with 
the feelings of Texas I can not say. Within a few vears a total revolution has 
taken place in her population. The number of emigrants since annexation, I 
suppose has more than doubled or quadrupled the previous number of inhab- 
itants. The interest on the money retained in the Treasury here will diminish 
the necessity of taxation by her. What her people may deem to be politic and 
expedient hereafter in relation to their debts I know not. I do not encourage 
repudiation. I hope it never will take place ; but if it should, let those be ac- 
countable for the result who invoke and provoke their destiny. Let the sin lie 
at their doors. I hope it will never lie at the door of Texas ; but those who 
have advanced, or who have contracts with her, shall be paid to the last farthing 
of what they have advanced. 

A law was passed by the Legislature of Texas, after annexation to the United 
States, in 1848, by which it was provided, that any person coming forward and 
depositing fifty cents at the treasury of Texas, should take a receipt from the 
treasurer, and loF every fifty cents received at the treasury he should be entitled 
to one acre of land. Certificates to the amount of more than half a million of 
dollars were deposited under this law, as I was informed, and land drawn, or 
land warrants issued, to that amount. These gentlemen have gone quietly and 
located their lands, and now realize several hundred per cent. How are the 
benefits of this bill to be extended to them.? How are they to be recompensed 
for the losses which they have sustained, according to the plan of this bill ? Are 
they to fall back upon the United States ? Are they to become recipients of the 
benefits proposed in this bill, or are they to be excluded ? 

But I am sure that the honorable gentleman who introduced this bill can not 
object to the principle of Texas scaling. She is to be the judge of her own mat- 
ters. She knows very well under what circumstances the debts or liabilities 
were contracted. She knows their character perfectly; and we find that the 
honorable gentleman who introduced the bill has not determined to pay accord- 
ing to the face of the paper, or of the demands of the creditors; but he, too, is 
for scaling the liabilities. He proposes that a certain amount shall be paid, and 
that, if that does not cover all the liabilities, the creditors shall receive it accord- 
ing to the proportion of their demands, and shall give a receipt in full. Now, 
Mr. President, as for the morality of the thing, whether one cent or one dollar, 
one degree or ten degrees of discretion at all changes the standard of morality, 
I am not prepared to say. I think Texas is the best judge of this matter; so 
that the United States would incur an additional reproach upon herst-lf, if she 
were, by this law, to take it out of the hands of Texas to adjust her own affairs. 
Texas knows what her liabilities are ; she knows all the circumstances sur- 
rounding them, under which they grew up, under which they dragged along, 
and by which they were managed. She knows, too, the influences and the means 
of their acquisition. But she is not acquainted with the means and influences 
that surround this Capitol, and which grow every day. I know it is perilous, 
eminently perilous, to oppose an influence so overwhelming as that of the claim- 
ants here. I have stood in perilous positions before, but when I felt badly no- 
body knew it. I feel v^ell on this occasion, and proud that I have a colleague 
who has realized all that experience could teach or suffering inflict. 

Personally, to those who are the Texas creditors. I have no objection. I look 
26 



402 Houston^s Litera/ry Hemains. 

upon them as I look upon other speculators. I look upon them as I do on men 
who go into the market every day — men who wish to make, in their estimation, 
honest gains, and who would not have their consciences smitten if they made 
one hundred per cent, every day. That would not involve their honor, but it 
would, in their estimation, sustain the honor of those on whom they make the 
one hundred per cent. I want no more sympathizers with Texas. I do not 
want them to appeal in behalf of Texas, to rescue her honor. Her honor, her 
safety, her existence, her liberty, her independence, were once involved, and I 
did not see, in her direst need, and when clouds enveloped her in darkness, the 
face of one of those men who now claim to be her benefactors or her sympa- 
thizers. It was not until the last enemy had marked her soil — it was not until 
our star had risen in the east, and until it was attaining something like its me- 
ridian splendor, that the speculators were attracted by the hopes of gain. Then> 
in that proud day, they were willing to unite their destiny with her ; but to grope 
their way in darkness, to peril their lives in conflict, to confront and grapple 
with the enemy, not one was there. Let them not talk of Texas' honor, Texas' 
renown, and Texas' escutcheon cleared. She cleared them herself, sir. It was 
not a speculation ; it was a real transaction ; and she will keep it clear. It is 
her best guardian under the segis of the Constitution. I desire justice and lib- 
erality to all who aided Texas ; and no matter how they have acquired their de- 
mands, give them an earnest for everything they have, and upon that earnest 
give them interest, and, if you please, be liberal, but let Texas have the credit of 
doing justice to her creditors, and let not the United States intervene to save her 
soiled honor, as it is called. She will take care of that article herself, and she 
will take care of her money, too, I trust, and make a useful application of it in 
paying all just demands, but not the demands of Shylocks. Sir, I have done. 



SPEECH ON THE NEBRASKA AND KANSAS BILL, U. S. SENATE, 

March 3, 1854. 

Mr. President: — This unusual night sitting is without precedent in the his- 
tory of any previous Congress at this stage of the session. The extraordinary 
.circumstances in which we find ourselves placed, would seem to indicate a crisis 
in the affairs of the country of no ordinary importance ; a crisis that portends 
either good or evil to our institutions. 

The extraordinary character of the bill before the Senate, as well as the 
manner in which it is presented to the body, demands the gravest deliberation. 
This, sir. is the anniversary of a protracted session, in which the organization of 
the Territory of Nebraska was elaborately discussed, on the last day of the last 
session. In that discussion, which, like this, had kept us in our seats to the 
morning dawn, the prominent points of opposition were such as related to the 
Indian tribes. Such a bill at the present session would have met with no insu- 
perable objections ; but what do we now find ? A bill entirely variant, and a bill 
which involves new and important principles. It has come an unexpected meas- 
ure without a harbinger, for no agitation was heard of, and the breeze bore no 
whisper to our ears that the Missouri Compromise was to be repealed. 

Its presentation has been as sudden as the measure itself is bold, and the ex« 



Agitation to result from Repeal of Mo. Compromise. 403 

citement of the public mind is of corresponding intensity. We are told, to be 
sure, that there is no necessity for agitation, and that soon the public mind will 
be tranquil, and the country will be in a state of repose and quiet — as it was at 
the introduction of this measure. The honorable Senator who has just taken 
his seat [Mr. Douglas], the chairman of the Committee on Territories, in his lect- 
ure to the South, exhorted them to stand by the principle of this bill, with the 
assurance that it will be good for them, and that the country will maintain it 
Sir, under proper circumstances I should recognize the exhortation ; but is the 
principle such a one as should be adopted by this body, or can it be sanctioned 
by the nation ? Whether it is expedient and useful at this time I shall take the 
liberty to examine. 

Mr, President, I can not believe that the agitation created by this measure 
will be confined to the Senate Chamber, I can not believe, from what we have 
witnessed here to-night, that this will be the exclusive arena for the exercise of 
human passions and the expression of public opinions. If /he Republic be not 
shaken, I will thank Heaven for its kitidness zjt maintaining its stability. 
To what extent is it proposed to establish the principle of non-intervention ? 
Are you extending it to a domain inhabited by citizens, or to a barren prairie, 
a wilderness, or even to forty thousand wild Indians.' Is this the diffusive ex- 
cellence of non-intervention ? I, sir, am for non-intervention upon the principles 
which have heretofore been recognized by this Government. Hitherto, Terri- 
tories have been organized — within my recollection Alabama, Missouri, Florida, 
Arkansas, Mississipoi, Wisconsin, and Iowa, have been organized — and the 
principle now^ proposed was not deemed essential to their well-being ; and is 
there any infirmity in their constitutions or their growth ? Sir, has any malign 
influence attached to them from their simple, economical organization ? It may 
be that the word " economy " is deemed obsolete in the present condition of our 
Treasury. Were it otherwise, I am simple enough to confess that the organi- 
zation of two Territories — when there are not people to constitute an ordinary 
county in one of the populous States of this Union, and when those who do in- 
habit the Territories are United States soldiers, who are not entitled to vote at 
elections in the States or Territories — is not a procedure that can be character- 
ized as economical. If the principle of non-intervention be correct, it is correct 
where the Territories have been governed by laws of Congress until they are pre- 
pared to make application for admission as States. Then they have a right to 
elect their delegates to convention, for the purpose of framing State constitu- 
tions, which, if accepted by Congress, invest them with all the sovereign rights 
of States ; and then, for the first time, they have the complete power of self- 
government. A Territory under the tutelage of Congress can form no organic 
laws, either admitting or excluding slavery. A people without organic laws 
might alternately enact and repeal all laws, and re-enact them without limita- 
tion, as they would have no local constitution. Congress has a supervision over 
the action of all Territories until they become sovereign States. In the forma- 
tion of State governments, I can say that they have the exclusive right to deter- 
mine whether they will come into the Union with or without slavery. There, 
sir, is the application of the prmciple of non-intervention, and one that I have 
always maintained. 

But gentlemen speak of sovereignty — they say that the people are sovereign, 
and supreme. Sir, I bow with all deference to that sovereignty ; but I do not 



404 HonstorCs Literary Remains. 

apply the principle to the Territories in their unorg-anized and chrysalis condi- 
tion. Sovereignty implies the power of organization, and a self-acting, self- 
moving, and self-sustaining principle ; but the Territories have it not. They 
only acquire it when they become constituent parts of this Confederacy. 

But we are told that the South has stood by the Compromise. I am glad of 
it. Yet gentlemen have protested against the recognition of North and South. 
Why, sir, they are recognized every day. The distinction has been recognized 
by the statesmen of every day, and every section of the country. Am I to be 
told that the question has not assumed that character, and that it will not operate 
to carry sectional influence with it to a certain extent .'' It is impossible that you 
can divest it of a sectional character to some extent. Why, we are told in the 
very breath that declares there is no such principle recognized, that the North 
has violated the Missouri Compromise and the South has maintained it ; and yet 
do you tell me that there is no North and no South ? Let us look at the action 
of the North and South. I am not going back to make a technical, or legal, or 
constitutional argument upon the facts and circumstances of the Missouri Com- 
promise — its creation, its progress, its recognition, and final decision. I am not 
going to characterize it as a compact, distinguished from a compromise, because 
I can see no reasonable application of the one that does not belong to the 
other. 

The word " compromise " is a more comprehensive and rational term when 
applied to an amicable adjustment of differences existing between two parties 
who are reconciled. I well remember that on the organization of Oregon Ter- 
ritory the South denounced the Missouri Compromise, and did not recognize it. 
Was not that denunciation subsequent to a joint recognition by both sections of 
the Union, the North and the South ? Had they not united, the South, per- 
haps, with more unanimity than the North, upon its application to Texas in her 
annexation.? Yes, sir, they had. That was in 1845; and in 1848, three years 
after, without any intervening act of bad faith on the part of the North, the South 
repudiated it on the organization of Oregon Territory. 

Mr. Atchison (Mr. Dodg-e, of Iowa, in the chair). The Senator says that the 
Southern members of the Senate repudiated the Missouri Compromise on the 
Oregon bill. Now that, I think, with all due deference to the Senator, is not 
so. The Senator from Illinois proposed to the Oregon bill the Missouri Com- 
promise, and every Southern gentleman, according to my recollection, voted for 
it — every one in the Senate. The bill went to the House, and the House re- 
fused to accede to it. 

Mr. Douglas. Yes, sir. 

Mr. Atchison. The Senator from Texas, and my then colleague, the senior 
Senator from Missouri [Mr. Benton], alone of all the Southern members voted 
to recede from it. 

Mr. Houston. I thank the gentleman for giving me a very pleasing intima- 
tion. It reminds me, Mr. President, of what did occur. We voted to recede 
from it. The other gentlemen did not vote to recede. They had voted in op- 
position to its organization and admission, or what was tantamount to it. And 
what was the reason ? It was because there was a proposition, and I had in- 
troduced resolutions myself, to extend the compromise line to the Pacific 
Ocean. The North did not accept it. I did not believe it would be more than 
an abstraction. Why did I do it then ? I will tell you. But previous to this, 



The Repeal a Danger to Slave Interests. 405 

and at the time Oregon was organized by the Government, the South went 
against it, I may say, in a body. The Southwestern Senators and myself went 
for it, under the heaviest denunciations and anathemas that could be applied to 
any individuals. Was this an abandonment of it by the North } Had it been 
an abandonment of the application of it by the North, or its non-application by 
the South, to Texas.'* Did not the North receive five and a half degrees of 
slave territory from Texas, and in consideration of that cede to Texas the right 
of forming four States in addition to the one then formed.'' Call it a compact or 
compromise, as you please; but then it assumed the character of a compact 
when applied to Texas, because Texas came in recognizing that as a principle 
concurred in by the North and the South. They both applied it to Texas, and it 
was upon it that she came in. And so far, certainly, it was a compact with her. 
Is not Texas interested in that .'' Did she not consider the Missouri Compro- 
mise practically a compact, so far as she is concerned ? Because she predicated 
her own upon it. And if you deprive her of the benefits resulting from and de- 
clared by that compact, when are her four States to come in, if the North has 
the ascendency .'' Can not they exclude them when they please if the Missouri 
Compromise be repealed.^ We hold them by an obligation which it would be 
dishonorable and infamous to abandon. You can not repeal that compromise 
without the consent of Texas. Remember, Texas was an independent nation, 
a sovereignty, when she came into this Union. She had rights equal to those 
possessed by this country ; institutions quite as good, and a more harmonious 
structure of her community. Now, will there not be a liability that these four 
additional States may be denied to Texas .'' Texas insists upon this right in my 
person, as one of her representatives. I claim it as no boon bestowed. I ask 
it as no gift. The State demands it as a right, to form four additional States, 
if she should elect to do so. 

But what would the repeal of this Compromise amount to.? An abstraction ? 
What would the South be benefited by it ? By the amendment of the Senator 
from North Carolina, the bill is perfectly eviscerated, or, to use a senatorial 
term, because I think it may be applied with more propriety, elegantly emas- 
culated. Yes, sir, it amounts to nothing. It holds a promise to the ear, but 
breaks it to the hope. If it is ever to be repealed, I want no empty promises. 
They have not been asked for by the South. They are not desired ; and, so far 
as I am concerned, they will never be accepted. Neither my colleague nor my- 
self have ever been consulted in relation to this subject. On the contrary, we 
have been sedulously excluded from all consultation. I have never had an inti- 
mation that a conference was to take place, a caucus to be held, or stringent 
measures applied in the passage of this bill. Nothing of the kind, I have been 
in the dark in relation to it. I feel that Texas has as important an interest as 
any other section of this Union in the repeal of the Compromise, and would be 
as vitally affected by it. She must be eventually, if calamities are to fall upon 
the South, the most unfortunate of all that portion of the Union. 

1 will give you my reasons why I think Texas would be in the most deplorable 
condition of all the Southern States. It is now the terminus of the slave popu- 
lation. It is a country of vast extent and fertile soil, favorable to the culture 
and growth of those productions which are most important to the necessities of 
the world — cotton, sugar, and tobacco. An immense slave population must 
eventually go there. The demand for labor is so great, everything is so inviting 



406 Houston's Literary Remains. 

to the enterprising and industrious, that labor will be transferred there, because 
it will be of a most profitable character, and the disproportion of slaves to the 
white population must be immense. Then, sir, it becomes the gulf of slavery, 
and there its terrible eddies will whirl, if convulsions take place.' I have a right, 
therefore, to claim some consideration in the Senate for the effect which the re- 
peal of this Compromise will have upon our State. I have a right to demand it, 
and demand it for other reasons than those which I formerly gave here, that 
were personal to myself. 

It is alleged that the refusal on the part of the North to continue the Mis- 
souri Compromise line over the acquisitions of 1847 and 1848 was a repudiation 
of the Compromise. That may be thought technically true. I grant that a 
proposition was made, or a compromise entered into by the North and South, 
to extend the Missouri Compromise as far as the jurisdiction of the United 
States extended. That was to the Pacific Ocean. When it was, by contract, 
carried on through Texas on its annexation, then, if I understand it, it was a 
new line — a continuation of the old line by consent. It was established there 
by a compact with Texas ; for by the original Missouri Compromise it could 
only extend as far as tlie jurisdiction of the United States went. Then the 
proposition to continue it to the Pacific was a new and substantive proposition. 
Though it might refer to the original principle of the old, it had no more con- 
nection with it than the Atlantic has with the Pacific. 

I understand, if individuals make a contract, whether they enter into it in 
writing or not, if it is to be executed by any given time, and subsequently it is 
proposed by one of the parties to make another contract, which involves not the 
first, but is made because it is convenient to extend the first further, the refusal 
of one of the parties to agree to the second does not invalidate the former con- 
tract. This is a kind of argument I have never heard resorted to, except in 
favor of the repeal of the Missouri Compromise. I have a great deal of venera- 
tion for that Compromise. I recollect the time when I was tried in the Senate 
Chamber upon its principles. There are Senators here who well remember that 
I was denounced, more in manner than in words, when I said I planted myself 
upon the Missouri Compromise line, and that astride of it I would stand, if 
needs be, and that there I would do battle, and there would I perish in the de- 
fense of the rights of the South. That was emphatic language, and I felt all 
that I uttered. Sir, I have some reverence for it ; and if I should feel such rev- 
erence, it is not unreasonable that I should have determinations, too, which will 
not be changed by all the technical and abstract notions which have been ad- 
duced and relied upon to enlighten the public mind, to manufacture public sen- 
timent here, and to give direction to it abroad. Sir, I have no idea that the 
public sentiment is to be subverted, and I assure you that the North, or West, 
or South, can not be willing that this should be done. No one can deprecate 
more than I do the fearful agitations which, I apprehend, will follow this; but 
after the manifestations which we have had here, nothing that I can utter will 
affect those who are present, or certify to them what must be the inevitable 
consequence, out of this Hall, when agitation is rife abroad. Do these gentle- 
men say that I have not made any argument on this point ? It is, sir, because 
I was not sufficiently skilled to meet the refined arguments that were adduced 
in favor of the repeal. What necessity has grown up for the adoption of this 



President Polk hound hy it as a ^^CompactP . 407 

measure since 1850? None had resulted at this time last year. None has been 
heard of. 

Three years have passed in tranquillity and peace. Yet the gentleman who 
urges the measure thinks that he would have been derelict to his duty had he 
not brought things to their present condition, and presented the matter in the 
shape in which it now stands. If it was necessary at ail, it was necessary last 
year. No new developments have been made. The great principle of non- 
intervention existed then. There is no new demand for it now. Is not that a 
reason why this bill ought not to pass ? Was there any new indication given ot 
its necessity up to the time that the bill was introduced here? None through- 
out the whole land. How, and where, and why, and when, and with whom this 
measure originated. Heaven only knows, for I have no cognizance of the facts ; 
but I well know that persons deeply involved in it, and exercising senatorial 
privileges here, never received information that such a measure would be brought 
forward, or would be urged with that pertinacity with which it is now done. 
Little did we think that it was to be urged upon us as a great healing measure. 
The honorable Senator from Virginia [Mr. Mason] said last night that this is to 
be regarded as a great healing measure for the purpose of preventing agitation. 
Sir, I heard of no agitation until it arose here, nor would there have been any 
this day in the United States, if the bill in the form in which it was presented 
last year, had been brought forward and adopted without any provision either 
for non-intervention or the repeal of the Missouri Compromise. 

So far back as 1848, I find that President Polk recognized the Missouri Com- 
promise as of binding force upon this country. He considered it not only bind- 
ing upon the North in relation to the South, but, as the Chief Magistrate of this 
Union, he regarded it as binding upon the South, because it accorded certain 
privileges to the South ; for he says, when speaking in relation to his approval 
of the Oregon bill, that he approved it because it lay north of 36° 30' ; but had 
it lain south of 36° 30', he would not say what action he would have taken upon 
it ; clearly intimating that he would have vetoed the bill, regarding as he did the 
Missouri Compronnise as obligatory on the two sections of the Union. How has 
it been repudiated since that time } Was it repudiated and superseded, or ren- 
dered null and void, by the Compromise of 1850? No such thing. Do you 
think that the astute statesmen, the men who managed and controlled the busi- 
ness of that Compromise, as much as any other men versed and skilled in legal 
lore and in general learning, men of acumen and keen perceptions, would have 
permitted that matter to go unexplained, if it ever had been contemplated to 
repeal the Missouri Compromise ? Mr. Clay and Mr. Webster would nevef 
have done it. Yet no information was given that any such design was enter- 
tained by any member of this body. I am sure that, for one, I did not entertain 
it. Other gentlemen, more astute than myself, might have done so, but I am 
confident that it was not the general understanding that non-intervention was 
to be applied to these Territories because they lay north of 36" 30'. 

I again ask, what benefit is to result to the South from this measure, if 
adopted ? I have shown, I hope, that il you repeal this Missouri Compromise, 
Texas has no guarantee left for the multiplication of her States, if she chooses 
to make them. What are its advantages? Will it secure these Territories to 
the South ? No, sir, not at all. But, the gentleman tells us, it is the princi- 
ple that we want. I can perceive but one principle involved in the measure. 



408 Houston^ Literary Remains, 

and that principle lies at the root of agitation ; and from that all the tumult and 
excitements of the country must arise. That is the only principle I can per- 
ceive. We are told by Southern, as well as Northern gentlemen, those who are 
for it, and those who are against it, that slavery will never be extended to that 
Territory, that it will never go there ; but it is the principle of non-intervention 
that it is desired to establish. Sir, we have done well under the intervention 
of the Missouri Compromise, if the gentlemen so call it, in other Territories ; 
and, I adjure you, when there is so much involved, not to press this matter too 
far. What is to be the consequence? If it is not in embryo, my suggestion 
will not make it so. It has been suggested elsewhere, and I may repeat it here, 
what is to be the effect of this measure if adopted, and you repeal the Missouri 
Compromise ? The South is to gain nothing by it ; for honorable gentlemen 
from the South, and especially the junior Senator from Virginia [Mr. Hunter], 
characterize it as a miserable, trifling little measure. Then, sir, is the South to 
be propitiated or benefited by the conferring upon her of a miserable, trifling 
little measure? Will that compensate the South for her uneasiness? Will it 
allay the agitation of the North? Will it preserve the union of these States? 
Will it sustain the Democratic or the Whig party in their organizations ? No, 
sir, they all go to the wall. What is to be the effect on this Government ? It is 
to be most ruinous and fatal to the future harmony and well-being of the coun- 
try'. I think that the measure itself would be useless. If you establish inter- 
vention, you make nothing by that. But what will be the consequence in the 
minds of the people? They have a veneration for that Compromise. They 
have a respect and reverence for it, from its antiquity and the associations con- 
nected with it, and repeated references to it that seem to suggest that it marked 
the boundaries of free and slave territory. They have no respect for it as a 
compact — I do not care what you call it — but as a line, defining certain rights 
and privileges to the different sections of the Union. The abstractions which 
you indulge in here can never satisfy the people that there is not something in 
it. Abrogate it or disannul it, and you exasperate the public mind. It is not 
necessar)' that reason should accompany excitement. Feeling is enough to agi- 
tate without much reason, and that will be the great prompter on this occasion. 
My word for it, we shall realize scenes of agitation which are rumbling in the 
distance now. 

I have heard it said, and may as wt-ll remark it now, that the Abolitionists 
and Free-Soilers, to a certain extent, will affiliate with the weaker political party 
at the North, the Whigs, and will make a fair contest with the Democrats. If 
they throw this question in the scale, and the Democrats do not, they will pre- 
ponderate. Then how are the Democrats to sustain themselves under this pres- 
sure ? Suppose the repeal of the Fugitive Slave Law, or the repeal of the Com- 
promise of 1850 is proposed, and the Democrats oppose it, they will meet with 
the objection that it is not more sacred than the Missouri Compromise, and the 
repeal will be urged before the people ; and we shall see our House of Repre- 
sentatives with a preponderating power of Abolitionism, the principles of which 
will triumph. Every Representative who votes for this measure will be pros- 
trated ; he can not come back, or, if he comes back, he wilt be pledged to the re- 
peal of a measure fraught with so many blessings of peace to the country. With 
all the fancied benefits of non-intervention, they can not overbalance the dis- 
astrous consequences that must ensue to our institutions. 



Southern Democrats^ Aid to Free-Soilers. 409 

This is an eminently perilous measure, and do you expect me to remain here 
silent, or to shrink from the discharge of my duty in admonishing the South ot 
what I conceive the results will be ? I will do it in spite of all the intimidations, 
or threats, or discountenances that may be thrown upon me. Sir, the charge 
that I am going with the Abolitionists or Free-Soilers affects not me. The dis- 
charge of conscious duty prompts me often to confront the united array of the 
very section of the country in which I reside, in which my associations are, in 
which my personal interests have always been, and in which my affections rest. 
When every look to the setting sun carries me to the bosom of a family depend- 
ent upon me, think you I could be alien to them } Never — never. Well, sir, it 
I am now accidentally associated with Abolitionists, in voting against this meas- 
ure of repeal — if I vote with them, and with individual Senators with whom my 
relations have always been courteous and polite personally, they well know that 
I feel no sympathy with their notions — that I think them fanatical — I do not es- 
teem it a greater misfortune attendant upon me than I have witnessed before, in 
this Chamber, with other Senators from the South. In the passage of the Com- 
promise bill of 1850, I saw associations of extremes quite as extraordinary as on 
this occasion. I almost thought that the extremes of the Abolitionists and Se- 
cession parties had become Siamese twins ; they were so intimate that I could 
not help but remark it. 

Mr, Seward. Who ? 

Mr. Houston. I need not mention v^ho ; I merely throw out the suggestion. 
I do not inquire into the motive which induced the introduction of this bill into 
the Senate. I cast no rctlections on gentlemen, either for its introduction or for 
its support ; but I deprecate the consequences which will flow from it. I have 
conversed with several Senators, and I have never heard the first who would 
not admit that it was an unfortunate and ill-advised measure. The venerable 
and distinguished Senator from Michigan [Mr. Cass] the other day, in his 
speech, declared, in substance, that he thought it was an unfortunate circum- 
stance that it had ever been introduced into the Senate, although it meets with 
his approbation when it is here. And now, when he who has been in the coun- 
cils and transactions of this country for fifty years, who has witnessed all the 
vicissitudes and mutations through which the country has passed, who has been 
an actor in the most important scenes of the Union — when he does not recog- 
nize it as a healing and welcome measure, I ask Senators if I err in resisting it? 
They say it is here. It is here, and, if I had the power, I would kick it out. 
What, if a measure unwholesome or unwise is brought into the Senate, and it 
comes from the party of which I am a member, and its introduction is an error, 
is it not my duty to correct that error as far as I possibly can.? Sir, I stand 
here for that general purpose. My constituents send me here for that pur- 
pose. 

But I will not admit for a moment that this meets the sanction of the Execu- 
tive. All his antecedents are in the face of it. Supporting him as I did, I mdst 
believe him consistent and truthtul. He is upon the record as an opponent 
to agitation of any kind, whether in the Halls of Congress or anywhere else. He 
is pledged to keep down and resist agitation, as far as in his power, and that the 
institutions of the country shall sustain no " shock " during his Administration. 
If this bill passes, will there be no shock? Depend upon it, Mr. President, there 
will be a tremendous shock ; it will convulse the country from Maine to the Rio 



410 Houston^ s Literary Remains. 

Grande. The South has not asked for it. I, as the most Southern Senator upon 
this floor, do not desire it. If it is a boon that is offered to propitiate the South, 
I. as a Southern man, repudiate it. I reject it. I will have none of it. 

Mr. President, not in any spirit of unkindness — not entertaining unfriendly or 
ungentle feelings — 1 will allude here, by way of illustration, to one of the most 
beautiful and captivating incidents in the Holy Bible — one that shows a forget- 
ting, and kind, and amiable, and forgiving temper, which, even under a sense of 
deep injuries, was willing to embrace a brother and forget the past. I need not 
relate to this intelligent assembly the history of Esau and Jacob. The birthright 
and the mess of pottage are familiar to all. The two brothers separated in 
anger, after Jacob had acquired the blessing which should have been given to 
Esau, and Jacob fled to Laban, his mother's brother, in a distant country, where 
he greatly prospered. Afterward, when he separated his flocks from those of 
his father-in-law, it became necessary for him to journey through the land of his 
brother Esau, who was then a man of influence, and power, and wealth. As 
Jacob approached, he thought it was necessary to propitiate his brother for the 
wrong which he had done him, and he supposed he could not do that without 
some atonement, or some gift. He dispatched a portion of his family, some ot 
his handmaidens, and children, and servants, with a drove of cattle, which he 
intended as an offering to his brother; and the sacred narrative says that when 
Esau heard that his brother was journeying toward his land, "Esau ran to meet 
him ; and they embraced and kissed each other ; and they wept." Now I do 
not see why the North and South, if they have been separated, might not em- 
brace each other without any feeling of anger. But, after some colloquy had 
taken place between the brothers, Esau said : " What meanest thou by this 
drove which I met?" And Jacob said, "These are to find grace in the sight 
of my Lord." And Esau then made a reply worthy of a generous spirit. He 
said : " / have enoiigJi, my b7'oiher ; keep that thou hast unto thyself." 

So, if this is an offering to propitiate the South, the South may say, " I have 
enough, my brother ; keep that thou hast unto thyself." If this is the only 
offering tendered to the South, we will not ask it ; we do not want it ; the people 
will be angry if you give it, and I never want to make trouble with my friends 
at home. I would rather you would keep it. If you are indebted in anything to 
the South, all I have to say is, that you might find some other occasion when it 
would be more agreeable to cancel the obligation. The South, as a community, 
only desire their rights under the Constitution and existing D^mpromises. 

But, sir, the people are not going into abstractions to understand this subject. 
Nor will there be a lawyer at every point, every cross-road, every public meet- 
ing, every muster, or every court-house, to give elaborate dissertations upon the 
unconstitutionality of the Missouri Compromise. I care nothing about its con- 
stitutionality or unconstitutionality. Not one straw do I care about it, on ac- 
count of the circumstances out of which it grew, and the benefits flowing from 
it. Mr. Jefferson said he could not find constitutional authority for the acqui- 
sition of Louisiana. If that was the case, even if the Compromise, based upon 
an unconstitutional act, to reconcile the different sections of the country, was 
without authority of the Constitution, it became a legitimate subject of legisla- 
tion. I say legitimate, because it was an acquisition of territory which must be 
governed in some manner suited to the exigencies of the occasion. Hence the 
resort to the principle of compromise, and to legislation. Was the acquisition 



Henry Clay 'pointed to as a Worthy Example. 411 

of Florida constitutional? I think not. Yet we retain it as one of our States, 
Was the acquisition of Texas constitutional? No, sir, it was not. It was a 
mere act of legislation on the part of this Government — a compromise — pre- 
cisely such as the compromise which this bill proposes to repeal. But Texas is 
in, and you can not tlirust us out ; and that is the whole of it. But it is not 
constitutional. If it is not, and validity attaches only to compacts, in contra- 
distinction to compromises, then this is a compact predicated upon the compro- 
mise of Missouri. 

I do not know whether it is constitutional, technically. It is sufficient for me 
to know that it has stood for more than thirty years, and received the approba- 
tion of our wisest and ablest statesmen, from the day of its adoption down to 
the present, and was never questioned until after the commencement of the 
present session of Congress. It is strange that an unconstitutional law should 
have remained so long in force amid all the agitation, and excitement, and bit- 
terness between the North and the South ; and that this is the first proposition 
ever made to repeal it. Have we to yield to it without any necessity, and with- 
out any excuse for it, when we see that discord will run riot in our land ? 

Sir, the occasion to which I have alluded, was not the only one on which I 
said I was willing to stand on the Missouri Compromise line, in defense of the 
rights of the South. On another occasion, it will be recollected in this Chamber, 
when speaking of the obligations the country was under to a distinguished 
statesman, then in private life, and whose party had postponed his claim, or 
pretermitted it, or, in common parlance, laid him on the shelf, I said, that when 
the Missouri agitation was quieted, he was held throughout the land as a great 
pacificator ; and if he had committed a mountain of sins, that single achieve- 
ment of tranquillizing the great Republic, giving permanency, peace, and growth 
to its institutions, would have overbalanced them all. I said that Henry Clay 
deserved a monument of bronze, of marble, or of gold, to be placed in the 
rotunda of the Capitol, for men in aftertimes of great excitement to contem- 
plate, and look upon as a man who blessed his country. That was the senti- 
ment I entertained, and it arose from veneration, not only for the man, but for 
the needed restoration of harmony to our native land. Were I to make such a 
declaration now, it would be thought that it was an endeavor to bring this bill 
into discredit. No, sir, nothing is necessary from me to discredit it ; for it is its 
own condemnation under the circumstances in which it is presented here, at 
this time, in the midst of unity, peace, and harmony, while all is at rest, with 
not a ripple on the vast ocean of our community. I have seen agitation and 
bitterness before. 

I recollect when I ventured to make the first address in this Chamber on the 
subject of the agitation in 1S50, with what discountenance it was received. So 
little was there a disposition to harmonize, that when I suggested that six Sena- 
tors, without regard to party or section, might be selected from the members of 
this body, who could compose an Address and send it abroad so as to harmonize 
the country, and hush the fierce waves of political agitation that were then 
lashi)ig the base of this Capitol, it met with 710 response. Well, we subsequently 
obtained peace and harmony. Let us preserve it. And there is no mode by 
which we can so effectually accomplish that object, as by rejecting the proposed 
measure. I had fondly hoped, Mr. President, that having attained to my present 
period of life, I should pass the residue of my days, be they many or few, in 



r 



412 Houston's Literary Remains. 

peace and tranquillity ; that as I found the country growing up rapidly, and have 
witnessed its immeasurable expansion and development, when I close my eyes 
on scenes around me, I would at least have the cherished consolation and hope 
that I left my children in a peaceful, happy, prosperous, and united community. 
I had hoped this. Fondly had I cherished the desire and the expectation from 
1850 until after the introduction of this bill. My hopes are less sanguine now. 
My anxieties increase, but my expectation lessens. Sir, if this repeal takes 
place, I will ha\ e seen the commencement of the a^^itation ; but the youngest 
child now born, I am apprehensive, will not live to witness its termination. 
Southern gentlemen may stand up and defend this measure. They may accept 
it from the Northern gentlemen who generously bestow it ; but if it were bene- 
ficial to the South, it would have been asked for. It was not asked for — nor 
will it be accepted by the people. It furnishes those in the North, who are ene- 
mies of the South, with efficient weapons to contend with. 

The Democracy in the North have stood firm to party ties. They have fought 
gallantly for our rights. If we pass this bill how can they maintain themselves? 
How can their representatives return to them and say : " We gave it " 1 Would 
not the reply be : " You gave it ; then you are faithless servants, and we will 
put you down ; you disgraced your party ; you have given away a sacred thing, a 
pledge, a compromise thirty-four years old, which was venerated for its antiquity, 
and national benefits derived from it " .'' Depend upon it, they will be held to a strict 
account. They will have to answer for it. I call upon you to sustain those who 
stood by you of the South in opposition to those whose fanaticism, and prejudice, 
and misguided feeling would have wrested your rights from you. If you place 
them and their party in the predicament which I have mentioned, you will be 
doing them great injustice. 

Mr. President, I have very little hope that any appeal which I can make for 
the Indians will do any good. The honorable Senator from Indiana [Mr. 
Pettit] says, in substance, that Cod Almighty has condemned them, and has 
made them an inferior race ; that there is no use in doing anything for them. 
With great deference to that Senator, for whom I have never cherished any but 
kind feelings, I must be permitted to dissent from his opinions. He says they 
are not civilized, and they are not homogeneous, and can not be so, with the 
white race. They can not be civilized I No ! Sir, it is idle to tell me that. 
We have Indians on our western borders whose civilization is not inferior to our 
own. It is within the recollection of gentlemen here that, more than twenty 
years ago, President Ross, one of them, held a correspondence upon the rights 
of the Indians to the Cherokee country, which they possessed east of the Missis- 
sippi, and maintained himself in the controversy with great credit and ability ; 
and the triumph of Mr. Adams, if it was one, was much less than he had ob- 
tained over the diplomatist of Spain [Mr. Don Onis], in relation to the occupation 
of Florida by General Jackson. The Senator from Indiana says that, in ancient 
times, Moses received a command to go and drive the Canaanites and Moabites 
out of the land of Canaan, and that Joshua subsequently made the experiment 
of incorporating one tribe of the heathen with the Israelites, but it finally had 
to be killed off. Therefore, the Senator concludes, the Cherokees can not be 
civilized. There may have been something statesmanlike in the policy, but I do 
not discover the morality of it. I will say, however, that there is no analogy 
between the two cases. The people of Judea who were killed, or exterminated. 



Indian Statesmen Eminent ', and Tribes Civilized. 413 

were idolaters, and the object was to keep the people of Israel free from the 
taint of idols and idolatry, under the command of Providence, and therefore 
the extermination in His dispensation became necessary. But the Cherokees 
never have been idolaters, neither have the Creeks, nor the Choctaws, nor the 
Chickasaws. They believe in one Great Spirit — in God — the white man's God. 
They believe in His Son Jesus Christ, and His atonement, and propitiation for the 
sins of men. They believe in the sanctifying efficacy of the Holy Ghost. They 
bow at the Christian's altar, and they believe the Sacred Volume. Sir, you may 
drive these people away, and give their lands to the white man ; but let it not be 
done upon the justification of the Scriptures. They have well-organized societies ; 
they have villages and towns ; they have their state-houses and their capitols ; 
they have females and men who would grace the drawing-rooms or saloons of 
Washington ; they have a well-organized judiciary, a trial by jurj', and the writ 
of habeas corpus. These are the people for whom I demand justice in the 
organization of these territories. They are men of education. They have more 
than one hundred native preachers in those tribes, as I have heard. They have 
their colleges, as I remarked in my former address to the Senate on this subject. 
They become associated in friendship with our young men in the various insti- 
tutions in the United States; and they are prepared to be incorporated upon 
equal terms with us. But even if they were wild Indians, untutored, when you 
deprive them of what would give them knowledge, and discourage them from 
making an effort to become civilized and social beings, how can you expect 
them to be otherwise than savage ? 

When you undertake to tame wild horses, do you turn them from you and 
drive them into the desert, or do you take care of them and treat them with hu- 
manity? These Indians are not inferior, intellectually, to white men. John 
Ridge was not inferior in point of genius to John Randolph. His father, in point 
of native intellect, was not inferior to any man. Look at their social condition, 
in the nations to which I have alluded. Look at the Chickasaws who remain in 
the State of Mississippi. Even among white men, with all their prejudices 
against the Indians, with their transcendent genius and accomplishments, they 
have been elected to the Legislature. Whenever they have had an opportunity, 
they have shown that they are not inferior to white men, either in sense or 
capability. 

But the honorable Senator from Iowa [Mr. Dodge] characterizes the remarks 
which I made in reference to the Indians as arising from a feeling of " sickly 
sentimentality." Sir, it is a sickly sentimentality that was implanted in me when 
I was young, and it has grown up with me. The Indian has a sense of justice, 
truth, and honor, that should find a responsive chord in every heart. If the In- 
dians on the frontier are barbarous, or if they are cannibals and eat each other, 
who are to blame for it ? They are robbed of the means of sustenance ; 
and with hundreds and thousands of them starving on the frontier, hunger 
may prompt to such acts to prevent their perishing. We shall never become 
cannibals in connection with the Indians, but we do worse than that. We rob 
them, first of their native dignity and character ; we rob them next of what the 
Government appropriates for them. If we do not do it in this hall, men are in- 
vested with power and authority, who, officiating as agents or traders, rob them 
of everj'thing which is designed for them. No less than 07te hundred millions 
of dollars, I learn from statistics, since the adoption of this Government, have 



414 Houston's Literary Remains. 

been appropriated by Congress for purposes of justice and benevolence toward 
the Indians ; but I am satisfied that they have never reahzed fifteeji millions 
beneficially. They are too remote from the seat of government for their real 
condition to be understood here ; and if the Government intends liberality 
or justice toward them, it is often diverted from the intended object and con- 
sumed by speculators. 

I am a friend of the Indian, upon the principle that I am a friend to justice. 
We are not bound to make them promises ; but if a promise be made to an In- 
dian, it ought to be regarded as sacredly as if it were made to a white man. If 
we treat them as tribes, recognize them, send commissioners to form treaties, 
and exchange ratifications with them, and the treaties are negotiated, accepted, 
ratified, and exchanged — having met with the approval of the Senate — I think 
they may be called compacts ; and how are those compacts regarded ? Just as 
we choose to construe them at the time, without any reference to the wishes of 
the Indians, or whether we do them kmdness or justice in the operation, or not. 
We are often prompted to their ratification by persons interested ; and we lend 
ourselves unintentionally to an unjust act of oppression upon the Indians by men 
who go and get their signatures to a treaty. The Indian's mark is made ; the 
employgs of the Government certify or witness it; and the Indians do not 
understand it, for they do not know what is written. These are some of the 
circumstances connected with the Indians. Gentlemen have spoken here of 
voting millions to build ships, and placing the army and navy at the disposition 
of the President in the event that England act inconsistently v/ith treaty stipula- 
tions. This is done because, if England violates a treaty with us, our national 
honor is injured. Now, I should like to know if it becomes us to violate 
a treaty made with the Indians when we please, regardless of eveiy principle of 
truth and of honor } We should be careful if it were with a power able to war 
with us; and it argues a degree of infinite meanness and indescribable degrada- 
tion on our part to act differently with the Indians, who confide in our honor 
and justice, and who call the President their Great Father, and confide in him. 
Mr. President, it is in the power of the Congress of the United States to do some 
justice to the Indians by giving them a government of their own, and encourag- 
ing them in their organization and improvement by inviting their delegates to a 
place on the floor of the Senate and House of Representatives. If you will not 
do it, the sin will lie at your door, and Providence, in His own way, mysterious 
and incomprehensible to us though it is, will accomplish all His purposes, and 
may at some day avenge the wrongs of the Indians upon our nation. As a 
people we can save them ; and tlie sooner the great work is begun, the sooner 
will humanity have cause to rejoice in its accomplishment. 

Mr. President, I shall say but little more. My address may have been des- 
ultory. It embraces many subjects which it would be very hard to keep in 
entire order. We have, in the first place, the extensive territory ; then we have 
the considerations due to the Indians ; and then we have the proposed repeal of 
the Missouri Compromise, which seems to require the most explanation, and to 
be the main poitit in the controversy. The great principle involved in that repeal 
is non-intervention, which, we are told, is to be of no practical benefit if the 
Compromise is repealed. It can have no effect but to keep up agitation. 

Sir, the friends who have survived the distinguished menwlio took prominent 
parts in the drama of the Compromise of 1850, ought to feel gratified that those 



The Florida War provoked hy Whites. 415 

men are not capable of participating in the events of to-day, but that they were 
permitted, after they had accomplished their labors, and seen their country in 
peace, to leave the world, as Simeon did, with the exclamation : " Lord, now 
lettest thou thy servant depart in peace, for mine eyes have seen thy salvation." 
They departed in peace, and they left their country in peace. They felt, as they 
were about to be gathered to the tombs of their fathers, that the country they 
had loved so well, and which had honored them — that country upon whose fame 
and name their doings had shed a bright lustre which shines abroad throughout 
all Christendom — was reposing in peace and happiness. What would their 
emotions be if they could now be present and see an effort made, if not so de- 
signed, to undo all their work, and to tear asunder the cords that they had 
bound around the hearts of their countrymen ? They have departed. The 
nation felt the wound ; and we see the memorials of woe still in this Chamber. 
The proud symbol (the eagle) above your head remains enshrouded in black, as 
if deploring the misfortune which has fallen upon us, or as a fearful omen 
of future calamities which await our nation in the event this bill should become 
a law. Above it I behold the majestic figure of Washington, whose presence 
must ever inspire patriotic emotions, and command the admiration and love of 
every American heart. By these associations I adjure you to regard the contract 
once made to harmonize and preserve this Union. Maintain tJie Missouri / 
Compromise ! Stir not up agitatio7i ! Give us peace ! 

This much I was bound to declare — in behalf of my country, as I believe, and 
I know in behalf of my constituents. In the discharge of my duty I have 
acted fearlessly. The events of the future are left in the hands of a wise 
Providence. 



SPEECH IN THE UNITED STATES SENATE 

ON TREATMENT OF INDIANS, DECEMBER 3I, 1854. 

Mr. HOUSI-ON. Mr. President, I hardly know what to say in reply to the 
Senator from Iowa, for I hardly know what to think of his speech. [Laughter.] 
If I were to characterize his remarks in any way, I should say that they were, 
at least, very remarkable. In the first place, let me say to that honorable Sena- 
tor, and to the honorable Senator from Florida, that they were talking about 
things of which I knew very little, for I was not in the United States when the 
occurrences to which they alluded took place, and I was not, therefore, familiar 
with the history of those wars. If I am not mistaken, however, it was an out- 
rage of a very delicate character which brought 07t the Florida war. 

Mr. Mallory. That is a mistake, sir. 

Mr. Houston. Well, sir, that was the report which was brought to Texas. 
Whether it was true or not, I do not know; but that was the information which 
I received from people from that section of the country. As for the Black Hawk 
war, I know little or nothing about it ; for, in Texas at that time, we had no 
mail communication with the United States, and we got but few papers from 
the States, so that I remained uninformed in relation to those matters ; but, no 
doubt, they were very exciting. The Senator from Iowa said the Black Hawk 
war was brought on by a council of the nation ; but I have heard that an ex- 
amination of the circumstances will show that the first outragre was committed 



416 Houstoii's Literary Remains. 

by an individual, not by the concurrence of the nation, though they afterward 
became involved in the general war. In that statement, I believe, I am sustained 
Jj^L^the history of the times. 

I I have already stated that occasions occur where outlaws among the Indians 
commit acts of aggression on the whites, and the whites immediately retaliate 
on the Indian nations, and these nations, in self-defense, become involved in 
war ; but I never knew a case where a treaty , which 7vas ?nade attd carried out 
in good faith, was violated by the Indians. In Florida the Indians complained 
that they had been deceived in the treaty, and that the boundaries assigned 
were not as they understood them ; and they killed their own chiefs. It was 
charged that some of the agents were involved in speculations to a ^reat extent 
dependent on the treaty. I recollect it was so stated at the tinie. _/ 

I think, sir, the Senator's speech was of a remarkable character in relation to 
politics and other matters, which I am sorry that he has introduced. He has 
undertaken to admonish me, and for this admonition I am much obliged to him. 
His experience, his su])erior opportunities, may entitle him. in the opinion of 
others, to the right of admonishing me ; and I am perfectly vv'illing, on that 
point, to yield my own opinion to what may be the general impression of the 
body. I did not provoke his remark by any allusion to any one, predicated upon 
my own disposition to arraign the conduct of others ; nor have I asserted any- 
thing in regard to the officers of the army, but what are matters of fact, taken 
from the official documents. When I made suggestions of a speculative charac- 
ter, I gave them as such. 

But, Mr. President, the Senator from Iowa has said that he would not have 
been astonished if the rankest abolitionist had made such a speech, and had 
avowed such sentiments as I did. He says that, if a man in Western New 
York had presented such viev/s, he would not have been surprised. Now, I 
wish to know what connection my remarks had with abolition.? What con- 
nection they had with any one in Western New York ? In what respect have I 
catered to any prejudice or morbid sensibility ? I have stood here alone in this 
body, against a powerful array of talent and influence, contending for what I 
conceived to be a great principle, and which must obtain, or the Indian race be 
exterminated. , 

In regard to that principle, I have the concurrence of the Senator from Ten- 
nessee [Mr. Bell], who was once Secretary of War, and, as such, had control of 
the Indian Department, and who has, since that period, been a prominent mem- 
ber of the Committee on Indian Affairs of the Senate. I believe that my opin- 
ions are also concurred in by the Senator from Arkansas [Mr. Sebastian], who 
is the head of the Committee on Indian Affairs. I can inform the Senator from 
Iowa that I will sustain him to the extent of my humble abilities in any measure 
he may introduce in favor of the Indians, and for the establishment of a policy 
which will ultimately benefit them, and reflect credit upon the Government of 

plhe_United States. 

1 I have not been regardless of what I considered the honor of the United 
States, and the interest of the Indians. In no instance have I been remiss in 
these particulars. I could not cater to any passion or prejudice on this subject, 
because I know of no societies in the North, or in the South, or in any section 
of this Union, fjr the advattcemrnt of the civilisation of the Indians. If such 
societies exist, I am not i?t correspondence with them, nor am I aware of the 



Petition of Ministers as to Missouri Compromise. 417 

existence of any such associations. Then, for what ulterior purposes could I 
advocate the rights of the Indians, or invoke the justice of this Government 
toward them ? Could it be any expectation of political benefits ? None upon 
earth. 

I presume the abolitionists are perfectly absorbed in the subject of abolition. 
For myself, I would rather see them turn their attention to the amelioration of 
the condition of the Indians on our Western wilds, or to the reclamation of 
those whom they hold in slavery. There are not less than two thousand prisoners 
in the hands of the Comanches ; four hundred in one band, in my own State. The 
prisoners can be reclaimed from those Indians, who are coming- down to settle 
upon their reservations. They take no prisoners but women and boys. The boys 
they treat with a degree of barbarity unprecedented ; and their cruelties toward 
the females are nameless and atrocious. Our Government is silent in relation to 
them. Has humanity no claims upon us in this respect? Has justice no de- ; 
mand unanswered .'' .^-— ^ 

Sir, we have not seen the facts to which I have just alluded impressed on 
a page of our official communications from the War Department. The officers 
stationed near the places where those transactions have taken place have not 
reported them. No effort has been made to obtain appropriations for the recla- 
mation and redemption of those prisoners. This is a subject which calls aloud 
for the humane influence of the Senator. There is no sickly sentimentality 
in this, but a manly upheaving of soul that, in consideration of suffering human- 
ity, demands that the Government shall rescue them from the most cruel 
and unrelenting bondage. 

I have been accused of catering to a morbid, sickly sentimentality. Sir, I 
never yielded anything of my own conscientious convictions to consult the 
opinions of others. I never stooped to solicit office ; but I have received 
and accepted it to my own disadvantage. I might have hated the Indians, 
if I had a soul no bigger than a shell-bark. [Laughter.] 

In my boyish days, before manhood had hardened my thews and muscles, 
I received balls and arrows in this body, in defense of suffering humanity, 
particularly women and children, against the Indians ; and I aided in reclaiming 
the brightest spot of the South — Alabama. When I remember that, in those 
early days, I assisted in rescuing females and children from the relentless toma- 
hawk and scalping-knife, it seems to me that the charge that I have stooped to 
court favor by the expression of my sentiments on this question is one which falls 
harmless at my feet. 



ON PETITION OF THREE THOUSAND MINISTERS AGAINST RE- 
PEAL OF MISSOURI COMPROMISE, MARCH, 1854, IN UNITED 
STATES SENATE. 

Mr. President : I think that a petition of this kind ought to be received, and 
that it is not subject to the charge brought against it by the Senator from 
Illinois [Mr. Douglas]. It does not arraign our action by being drawn up after 
that action was had. The Nebraska bill passed this body en the night of 
the 3d, or, rather, on the morning of the 4th instant. The memorial appears to 
27 



418 Houston^ s Literary Remains. 

be dated on the ist of March. I can not think that it meant any indignity to the 
Senate. There is nothing- expressive of any such feeling in it. It is a right that 
all individuals in the community have, if their terms are respectful, to memorial- 
ize the Senate of the United States upon any subject. Whether there is any ul- 
terior object in this I know not; but from the date of the memorial, and from the 
number of signers, I am induced to believe that the memorialists thought there 
was something wrong in that bill ; and if they believe that its passage would be 
a breach of faith on the part of the Government, they had a right to say so. I 
took the liberty of making the same charge here. There were more questions 
than that of non-intervention involved in that bill. It involved an infraction 
of faith with the Indians, of pledges given to them under all the solemn forms, 
yet mockery, of treaties. That was one point involved ; and I charged that the 
passage of the bill would be a violation of plighted faith in that particular. Was 
it a violation of faith to disregard the Missouri Compromise, which was of so 
much antiquity and utility to the country ? That is a matter of discussion. I 
have not arraigned the action of any gentleman since the passage of the bill, but 
anterior to it I gave my opinions in relation to its character as a disregard 
of treaties, and as a flagrant violation of the plighted faith of the nation toward 
the Indians. 

With respect to the Missouri Compromise, I believe its repeal to be as flagrant 
a breach of faith as the violation of treaties made with the Indians. I have not 
charged Senators with corrupt motives, nor have I charged them with anything 
selfish ; but I certainly can see no more impropriety in ministers of the Gospel, 
in their vocation, memorializing Congress, than politicians or other individuals. 
I do not believe tHat these ministers have sent this memorial here to manufacture 
political capital, to have it entered on the records of the Senate, so that it might 
be taken back and disseminated through the country. Sir, it comes from the 
country. I told you that there would be agitation, but it was denied upon this 
floor. Is not this agitation } Three thousand ministers of the living God upon 
earth — His vicegerents — send a memorial here upon this subject ; and yet you 
tell me that there is no excitement in the country ! Sir, you realize what I antic- 
ipated. The country has to bear the infliction. Sir, the coup d'etat was not 
successful. The bill did not pass before the community was awakened to 
it. The community was awakened to it not alone in New England, for I have 
seen letters from the South and West stating that it was there regarded as 
a breach of faith, and I can see no wrong in ministers expressing their opinion 
in regard to it. This protest does not attack the reputation of Senators. It does 
not displace them from their positions here. It does not impair their capabilities 
for the discharge of the high functions which the Constitution has devolved upon 
them. I see nothing wrong in ail this. 

Ministers have a right to remonstrate. They are like other men. Because 
they are ministers of the Gospel they are not disfranchised of political rights and 
privileges ; and, if their language is respectful to the Senate, in anticipation 
of the passage of a bill which is obnoxious to them, they have a right to spread 
their opinions on the records of the nation. The great national heart throbs 
under this measure ; its pulse beats high ; and is it surprising that we should 
observe the eff'ects of it .> I trust, sir, that the nation may yet again see 
the blessed tranquillity that prevailed over the whole country when this " heal- 
ing measure " was introduced into the Senate. The position of. the nation was 



The Clergymen not the Avtliors of Agitation. 419 

enviable. It was unagitated. There was not, in my recollection, a time so 
tranquil, nor a community more happy. A nation more prosperous existed not 
upon the earth. Sir, I trust that there will be no continuance of agitation ; but 
the way to end it is not to make war upon memorialists. Let them memorialize 
if they think it necessary. If they state what is incorrect, let the subject be re- 
ferred to committees, and let the committees give an exposition of the truth, and 
lay it, in reports, before the public, and then the intelligence of the nation will 
determine as to what is right, and what consideration ought to be given to it. 
I would not take away the liberty to indulge in the freest expression of opinion, 
or the exercise of the rights and privileges which belong to any portion of this 
country ; yet I would discourage agitation. I may hold the contents of this pro- 
test, to some extent, heretical ; yet they are not expressed in such offensive lan- 
guage as would justify a denial of their right to memorialize. If it had been in- 
tended to impugn our motives or our actions, either as corrupt or immoral, we 
could bear it. The people surely have a right to think and speak upon our ac- 
tion. We are not placed in a position so high that we are elevated above 
the questioning power of the people. They have the right to look into our ac- 
tion and investigate our conduct, and, if they do not approve of it, to express 
their opinions in relation to it. I shall never make war upon them on that 
account ; yet, I trust that whatever disposition may be made of the bill which 
we have passed, the agitation has already reached its acme ; and that from 
this point it may decline, until the country is again restored to peace and 
happiness. 

Mr. President, I have the misfortune to differ from my friends in relation 
to this measure, but that difference is not sufficient to induce me to enter anew 
into the discussion of it. I will, however, discuss the propriety of this memo- 
rial. The gentlemen misapprehend its character entirely. I understood the 
honorable Senator from Virginia — but I may have been mistaken — to say that it 
invoked the vengeance of the Almighty God upon the Senate. 

Mr. Mason. In substance it does, as I understand. 

Mr. Houston. There is no invocation contained in the memorial. It is 
a respectful protest, stating their appreciation of the measure then pending be- 
fore the Senate of the United States, and not one word is contained in it derog- 
atory to the Senate at the time it was drawn, and there is no invocation of wrath 
or vengeance upon the members of this body. It is a respectful protest, in the 
name of the Alm'ghty God. 

By the expression which I used, that these ministers were the vicegerents 
of the Almighty, I merely intended to say that they were harbingers of peace to 
their fellow-men ; and if it was a lapsus lingucc, or improper expression, it does 
not change the intention that I then entertained in my mind of expressing a be- 
lief that it was nothing else than an extraordinary emergency that diverted men 
from their ordinary pursuits in the ministry of the Gospel to engage at all in, or 
to step even to the verge of, the political arena. 

We are told, Mr. President, that this was intended for the purpose of agita- 
tion. It is certainly a manifestation of agitation ; l)ut it could not have been in- 
tended to create agitation, for the thing was done, and here is one of its develop- 
ments and consequences. Yet, sir, I can see nothmg wrong in the memorial so 
far as I am concerned. If ministers of the Gospel are not recognized by the 
Constitution of ti:e United States, they are recognized by the moral and social 



420 Honstoii's Literary Remains. 

constitution of societ}'. They are recognized in the constitution of man's salva- 
tion. The great Redeemer of the world enjoined duties upon mankind; and 
there is a moral constitution from which we have derived all the excellent prin- 
ciples of our political constitution — the great principles upon which our Govern- 
ment, morally, socially, and religiously, is founded. 

Sir, I do not think there is anything very derogatory to our institutions in the 
ministers of the Gospel expressing their opinions. They have a right to do 
it. No man can be a minister without first being a man. He has political 
rights ; he has also the rights of a missionary of the Saviour, and he is not dis- 
franchised by his vocation. Certain political restrictions maybe laid upon him ; 
he may be disqualified from serving in the Legislatures of the States, but that 
does not discharge him from political and civil obligations to his country. 
He has a right to contribute, as far as he thinks necessary, to the susten- 
tation of its institutions. He has a right to interpose his voice as one of 
its citizens against the adoption of any measure which he believes will injure 
the nation. These individuals have done no more. They have not de- 
nounced the Senate, but they have protested, in the capacity of ministers, 
against what I and other Senators on this floor protested. They have the 
right to do it, and we can not take that right from them. They will exercise it. 
The people have the right to think, and they will exercise that right. They have 
the right of memorializing, and they will exercise that right. They have the 
right to express their opinions, and they will exercise that right. They will ex- 
ercise their rights in reprobation or commendation at the ballot-box, too ; and 
preachers, I believe, vote. They have the right to do so. They are not very 
formidable numerically, but they have the right to do this as ministers of the 
Gospel, as well as we Senators have a right to vote for the adoption of a meas- 
ure ; and if it is not in accordance with their opinions they have a right to con- 
demn it. They have the right to think it is morally wrong, politically wrong, 
civilly wrong, and socially wrong, if they do not interfere with the vested rights 
of others in the entertainment of those opinions. 

I understood my honorable friend from Mississippi to say that the South had 
been groaning for a long time under this oppressive measure. The South, sir, 
are a spirited people, and how they could have submitted, for more than a third 
of a century, to this indignity, this wrong, this act of oppression, which has 
ground them down in their prosperity and development, and never have said a 
word about it until this auspicious moment arrived, and that, too, when political 
subjects have been agitated at the North and South — that it should have been 
reserved for the action of the present Congress, after all others had glided by 
without complaint, rebuke, remonstrance, or suggestion of appeal, is a most ex- 
traordinary thing. My friend does not apprehend it ; but there was no excite- 
ment out of this Capitol, or out of the city of Washington. It originated here. 
This was the grand laboratory of political action and political machinery. The 
object was to mature the measure here, and inflict it, by a coup d'etat, upon the 
nation, and then radiate it to every point of the country. The potion does 
not react pleasantly. There is a response, but how does it go down ? Not 
well. The physic works — it works badly ; it works upward. 

I am wilhng to receive any memorials that are presented to this body which 
are respectable in terms, whether they come from preachers, politicians, civilians, 
or from the beggars that congregate about your cities ; and I will treat them 



Rehuhs of the Charge of Abolition. 421 

with respect and kindness. As long as they are respectful in terms to this body, 
though they express their apprehension of a calamity about to fall on the coun- 
try, it brands no man ; and if they denounce a measure in advance, it is what 
they have a right to do. We have a more eligible position here to advocate our 
opinions than individuals have in social life to maintain their positions. We 
have all the panoply of power and State sovereignty thrown around the mem- 
bers of this body to guard and shield them against attacks ; but they are thrown 
in the midst of the community without any shield, except it is the shield of 
morality and propriety of conduct which gives protection to their persons. While 
they express themselves respectfully, I shall never treat with disrespect preachers, 
or any other individuals, who come before this body to give us their opinions 
upon political subjects. 

In reply to some remarks of Mr. Douglas — 

Mr. Houston said : Mr. President, as the honorable Senator from Illinois, 
the Chairman of the Committee on Territories, seemed in a most emphatic 
manner to address his remarks to me, I think him fully entitled to the respect of 
my attention. He has dwelt upon the Abolition character of this document. 
So far as any such character may be embodied in it, I have nothing to say. 
There are various opinions entertained here and elsewhere upon various sub- 
jects with which I have nothing to do, and with which I have no affiliation; but 
with this subject, as it is presented to the Senate now, I have some connection. 
With the controversy which exists between the honorable Chairman of the Com- 
mittee on Territories and the gentleman Irom Ohio [Mr. ChaseJ, and the gentle- 
man from Massachusetts [Mr. Sumner], I have nothing to do. I was not here 
when the controversy originated, nor when it was first introduced into the 
Senate. I have not participated in it since ; and however unpleasant such 
altercations or controversies may be, and however I may regard them as im- 
peding the transaction of business in this body, I have forborne either public 
or private expressions of opinion upon that matter. 

Mr. Douglas. Mr. President, I will say to the Senator that the only allusion 
which I had to him was the simple quotation which I made from his remarks 
when he spoke of these ministers being the vicegerents of the Almighty. My 
other remarks were intended for another quarter, so far as they had an applica- 
tion anywhere. If he is under the misapprehension of supposing that they 
referred to him, 1 wish to correct him ; that is all. 1 do not want to interrupt 
him. 

Mr. Houston. I am very glad to hear the disclaimer, for the gentleman's 
remarks appeared to be directed so unequivocally toward me, that I was led into 
the misapprehension of supposing that they were intended perhaps to apply to 
me, in a manner in which it was not the purpose of the gentleman to apply 
them. But, sir, I explained, when I was up before, the misapplication of the 
term " vicegerent," and I exjiressed my opinion to be that the ministers of the 
Gospel were the heralds of the Almighty God, or His ministers of peace upon 
earth. I thought the gentleman would not have carped upon that expression, 
unless with reference to some particular influence which my views might have 
upon the auditory. It was a mere misapplication of a term, and I so explained 
it. But, Mr. President, I think the object of this memorial is misapprehended. 
I find no fault with its introduction either before or after the passage of the bill 
to which it refers, for that bill may be returned to the Senate with amendments. 



422 Houston'' s Literary Remains. 

Such thing's very frequently occur. At all events, as the memorial has been 
prepared with great care, and as the gentlemen who have signed it have been 
anxious that their views should be laid before the Senate of the United States, 
lest other measures embracing similar principles should be introduced, I can see 
nothing improper in allowing them to lay their views respectfully before the Senate. 
I do not think there is any evidence that the gentlemen who have signed the me- 
morial have any disposition to establish theocracy in our country, or that they wish 
to take the Government into their own hands, and exercise a controlling influence 
over it. We find that those who have signed this document are of different 
sects and various denominations. I think there is no danger that such an 
amalgamation of interests and opinions will take place as to embody a force 
sufficient to make any great impression on the institutions of this country, or to 
endanger our liberti-es. 

Mr. President, this memorial is regarded as a substantive and independent 
matter, as intended to produce agitation, and to insult the Senate ; but it is 
really the effect of a measure which I predicted would have this influence upon 
the community. The cause exists in the Senate. It exists in the amendment 
inserted into the Nebraska Bill proposing the repeal of the Missouri Compro- 
mise, and this is but responsive action to that. The cause is not in the clergy- 
men who have signed this memorial. The memorial is the effect of a cause 
brought forward and presented in the Senate. The memorial impugns the 
action of no one. It is true the memorialists speak of the measure as immoral. 
Surely that ought not to insult Senators. They are not such paragons of 
morality that they can not bear to have their moral character questioned, if they 
should happen to do anything which would not be strictly moral, according to 
some standards, but which I should not think to be very immoral. But is their 
morality of such a delicate texture as to be affected by a memorial coming from 
" the land of steady habits " } 

We are told that there is a great principle involved in the bill to which this 
memorial refers. This is a very formidable and very visible response to that 
great principle which it is said has lain dormant. Sir, I need not name the 
number of years that it has lain dormant. No bright genius ever elicited it ; no 
brilliant conception ever discovered it until this session had progressed for some 
time, when the great principle of non-intervention at once sprang up to illumine 
the world, to be regarded as one which, at some future day, would be a univer- 
sally-recognized principle. Sir, I recognize the principles of self-government, 
but I do it in sovereignty. A people in tutelage can not exercise sovereignty, 
but States can. A people who are in a territorial existence which is fitting 
them to becoiTie States, exercise what may be called a quasi sovereignty. They 
are never really sovereign until they are recognized by Congress as such, and 
are received into the Union as sovereign States. Then is the time ^for the 
operation of self-government, but it grows out of sovereignty. Is it to be in five 
squatters? They may pass a law to-day and repeal it to-morrow, and the next 
day they may pass another law, and so on successively from day to day, and 
from year to year, they may pass and repeal laws. The Territories have no 
power to pass organic laws until the attributes of sovereignty are about to 
attach, or have actually attached to them. That is what I call non-intervention. 
That is what I call sovereignty and self-government. This is the great princi- 
ple which it is said is involved in the bill which we have passed ; and now we 



Army Rule of Indians Injurious. 423 

are receiving the response to it. I hope we may never have any more responses 
of this description. I pray Heaven that we may never have another such pro- 
test in this body. I pray that there may never exist any necessity for it. But 
for the necessity or cause, which originated in this body, this memorial would 
never have been laid upon your table. This is but the effect ; the cause was 
anterior to it. If we wish to avert calamitous effects, we should prevent per- 
nicious causes. 



SPEECH ON THE SUBJECT OF AN INCREASE OF THE ARMY, 
AND THE INDIAN POLICY OF THE GOVERNMENT, DELIV- 
ERED IN THE SENATE OF THE UNITED STATES JANUARY 

29 AND 31, 1855. 

Ja?tuary 29, 1855. 

The Senate resumed, as in Committee of the Whole, the consideration of 
the bill from the House of Representatives, making appropriations for the 
support of the Army for the year ending the 30th of June, 1856, the pend- 
ing question being on the amendment of Mr. Shields to the amendment of Mr. 
Hunter (which is to provide for two additional regiments of regular cavalry 
and five hundred Rangers), to substitute for that provision two regiments 
of infantry and two of cavalry. 

Mr. Houston said : 

Mr. President : Before the Senate proceed to vote upon the adoption of 
the policy now proposed, I think it would be well to examine the causes 
which have led to the present condition of affairs, and then to inquire into the 
best means for th^ restoration of peace upon our Indian frontier. An ex- 
amination of this sort will inform us whether there is any necessity for an 
increase of the military force of the country. 

I am aware, sir, that, in discussing subjects which relate to the Indians 
or to their rights, I shall command but little sympathy from the Senate, and 
not much from the country. They are a people isolated in their 'interest, 
and solely dependent for protection and justice upon the Government of 
the United States. How far justice has been accorded to them in the past, 
or how far it is, in all probability, to be awarded to them in the future, is a 
matter beyond speculation. If we are to judge from the past experience of 
our times, we should infer that there is but very little hope of anything 
being done for the red man ; and we should infer that, in the opinion of his 
white brethren, his doom has already been written and recorded. 

Mr. President, the Indians have been charged with an aggressive and hos- 
tile spirit toward the whites ; but we find, upon inquiry, that every instance 
of that sort which has been imputed to them, has been induced and pro- 
voked by the white man, either by acts of direct aggression upon the 
Indians or by his own incaution, alluring them to a violation of the secu- 
rity of the whites. They have tempted the cupidity of the Indians. If a 
lawless fellow happens to prove vagrant to his band, and throws off all the 
rules and restrictions imposed by the chiefs on their warriors, and chooses 
to involve his nation in a difficulty by taking the life of a white man, if he 
can do so, as he supposes, with impunity, his action is charged to his tribe ; 



424 Houston's Literary Remains. 

but they should not be held responsible. Sir, we have seen thrilling 
accounts of sanguinary massacres which alarm us at the first blush ; and, 
if we are to believe the paragraphs disseminated through the medium of the 
press, we should suppose, in reality, that the Indian was as barbarous as he 
had ever been, and that all the assaults or massacres, as they are termed, 
are unprovoked and wantonly inflicted on the defenseless white man. As 
an instance of this, let me mention the massacre at Fort Laramie, and from 
that instance ycu can pretty accurately deduce the true condition of other 
acts of a similar character. What were the circumstances in connection 
with that case ? 

During the last summer some bands of the Sioux nation of Indians v/ere 
encamped within six miles of Fort Laramie. They were in amity with the 
United States, and on terms of friendship and good feeling with the officers 
and men of the neighboring fort. A man from a neighboring tribe, whose 
relatives had, a year before, been slaughtered by the troops at Fort Laramie, 
happened to be among these bands of Sioux. Some Mormon emigrants 
passed by the camp of the Indians, and a cow escaped from them, made 
toward the village, and the Mormons pursued her, but unsuccessfully. The 
Indian to whom I have referred, by way of revenge for the loss of his rela- 
tive, slaughtered the animal. Complaint was made at Fort Laramie. The 
chiefs instantly said that they would see that reparation was made for the 
injury which had been done. Was this satisfactory to the commanding 
officer } No, sir ; but he detailed a brevet lieutenant, with a company, for 
the purpose of arresting the Indian. The company arrived at the encamp- 
ment of the Indians with two pieces of artillery. Demand was made of the 
chiefs, but this Indian said to them, " I have taken a lodge here ; I am will- 
ing to die ; you have nothing to do with this matter ; you have no concern 
with it ; the responsibility is not upon your people, but it is upon me alone." 
So soon as this reply was given to the lieutenant he fired, and crippled 
one of the principal chiefs, and killed a man. The delinquent still refused 
to give up. After that, the chiefs rallied and exhorted the men to commit 
no outrage ; their influence controlled the action of the Indians ; but a 
drunken interpreter, who was calculated to incite the lieutenant to action, 
caused him, no doubt, to fire his cannon. The next thing was that the war- 
whoop was sounded, and the lieutenant and part of his men were killed. The 
others dispersed, were pursued by the Indians in hot blood, and every man 
was slaughtered. 

This is a succinct narrative of that event. Were the Indians to blame .-* 
He who violates a law is the man who is responsible for the consequences 
of that violation. The Indian intercourse laws of the United States have 
pointed out the manner in which to proceed in such, a case. If a citizen 
sustains injury from any tribe, or from an individual of a tribe, informa- 
tion is to be given to the Indian agent for that tribe. He is imme- 
diately to make a demand upon the chiefs of the nation. If they do 
not surrender the individual, which in all probability they would do 
Immediately, if they were treated in good faith, deduction is made 
from their annuities for the amount of the injury, and there the mat- 
ter stops. If no annuities are due to them, rather than bring on war, the 
United States Treasury is responsible to the individual who has sustained 



Army Officers ProvoMnj Indian Outrages. 425 

loss. These are the provisions of the intercourse laws. In this case, did 
either of the officers make a demand on the chiefs ? The chief sent an 
assurance that justice would be done and the individual given up, though 
he did not belong to their band. The officers, unwilling to receive that 
assurance, dispatched a handful of men against several lodges of Indians, 
and among whom there had been some ground of complaint. The conse- 
quences which I have narrated resulted from this indiscretion and violation 
of law. It was a violation of law, for no demand was made upon the chiefs 
for indemnity, and no response was received from them. These gallant 
gentlemen thought they should go there and make war. They are paid for 
it ; " it is their vocation." Are such men entitled to sympathy } Are they 
entitled to respect } But their conduct alarmed the Sioux ; and because 
that tribe proposed to confederate with other tribes, we are asked to in- 
crease the military force of the country ; forsooth, we are to wage war upon 
the winds, for you might as well do it as upon the prairie Indians. 

But this is not all that grew out of that transaction. A clamor is raised 
about the mail party who were destroyed subsequently to that. It was very 
natural to expect that it would be done. The Sioux chief, who was wounded 
on the occasion to which I have referred, was taken to the Arkansas, and 
there he expired in consequence of the injury he had received. His kindred 
resolved to revenge his death. The Indian appreciates the ties of kindred 
far beyond any white man. They may have less intelligence, but the chords 
of nature are stronger, the sensibilities of the heart more lively than 
those which stimulate our Christian, enlightened action. It is well known 
that the grief which resounds through the Indian camp when a warrior or 
chief expires, or when a relative dies, is like the wailing of Egypt. When 
this chief expired his friends sought for a white man, that they might take 
vengeance on him — not for those who had inflicted the wrong, but whoever 
they might happen to find among the whites. They first came upon the 
mail party. One, who was not a relative of the chief, said to one of his 
kindred, " There is a white man, you can now take vengeance on him ; you 
are a coward if you do not do so." He said : " I am no coward ; but if you 
.say it, I will kill him." Then he went and killed two out of the three com- 
posing the mail party. 

Now, sir, what had been the condition of the Indian country previous to 
these occurrences } I have been assured by gentlemen who have passed 
from California to Fort Laramie, a distance of one thousand four hundred 
or one thousand five hundred miles, that they met individuals traveling 
alone through that vast region. They passed through a wilderness of one 
thousand four hundred or one thousand five hundred miles unassailed, and 
without injury from any one. Did this look like a desperate feeling on the 
part of the Indians, when they allowed unprotected individuals, sometimes 
singly, occasionally in small companies of three or four persons, to pass 
through their country unmolested ? No, sir. It is some sudden act of 
wrong and outrage which stimulates the Indian to aggression. He has no 
inducement to it unless he expects great plunder, because he is very well 
aware that if he cultivates kind and friendly relations with the whites, he can 
receive from them supplies that he can not obtain any other way — things 
which gratify his taste for dress, and supply his wants and appetites. For 



426 Houston'' s Literarij Itemains. 

this reason the Indian is always disposed to be in peace and friendship with 
his white neighbors if he can. 

I have given some illustrations of the so-called Indian outrages. I may 
refer to another one, which not long since took place in Oregon, and which 
is given, in some quarters, as a reason why an increase of the Army is 
required. I refer to a recent massacre of the Indians at a ferry-house in 
Oregon, as described by the agents and superintendents of that Territory. 
A number of miners, to the amount of forty, associated together to attack a 
village of seventy Indians, men, women, and children, without any means 
of defense, with only five pieces of firearms, pistols, and guns, and two of 
them entirely useless. The officer, who reports the action, describes in a 
most military and elegant style, the manner in which he assaulted the vil- 
lage in three divisions. They were entirely successful ; killed some sixteen 
men, kille5 one squaw, and wounded a couple, and no children — that was 
merciful ! But, sir, they scattered the warriors who were there defenseless, 
and applied the torch to fheir wigwams. We are told by the gallant gen- 
tleman who reported the matter, that the next day the Indians were there 
hovering about the mouldering ashes of their wigwams. This gallant and 
chivalrous man, wonderful to relate, sa3's he did not lose a man in the 
attack. Was he not lucky } [Laughter.] That fellow must look out for a 
brevet ; though I hope he will hardly come here claiming bounty land. 
[Laughter.] 

This act is denounced by the agent and superintendent as most cruel and 
barbarous. The poor creatures were willing to do anything and everything 
which was asked of them. They denied every charge that the malicious and 
the wanton had brought against them ; and the truth of their narrative is 
indorsed by the agent, a man of intelligence. I do not know him ; but his 
report bears the impress of intelligence and integrity. 

Well, sir, these circumstances, it is said, call for an army of three regi- 
ments, or three thousand men. What are they to cost } Five millions of 
dollars is the amount which it is proposed to appropriate by the bill which 
was reported by the Senator from Illinois. We are to appropriate $5,000,000 
to bring on a great Sioux war, to meet a most wonderful confederacy, which, 
it is said, is forming among the Indians. Why, sir, they can not keep 
together because they are starving in little bands, even in those parts of 
the country where they can command the most game. How could they 
remain embodied for any length of time without supplies, without animals, 
and without food, when their women and children are starving ? How 
could they, under such circumstances, remain a mighty confederation to 
sweep our frontier ? Why, sir, from the display that is made, by the terrible 
cry of alarm, one would think that New Orleans itself could hardly be safe, 
but that the Indians would sweep down the Missouri and Mississippi, and 
carry death, destruction, and devastation in their course ! 

Arc these causes calculated to produce such mighty effects ? Is it proper 
that the nation should be involved in a general Indian war at this time ? Is it 
proper that $5,000,000 should be expended from the Treasury to begin this 
war } If this be done, what will be the consequence } The Indians will not 
be embodied to meet you. Your troops will hear that in some direction 
there is a Comanche, or a Kioway, or an Osage camp, and they will advance 



Indian Commissioner Attests Army Outrage. 427 

upon it with "all the pomp and circumstance of a glorious war." A morn- 
ing gun will be fired as a signal to rise and prepare for the march. On such 
an occasion, with the bugle sounding in advance, how beautiful must be the 
reflection from the arms and banners floating in the prairie ! That is to be 
the spectacle which is to amuse or drive the Indians ahead. They are to 
meet the Indians on a trackless waste. You might as well pursue the course 
of a ship's keel on the ocean, as to pursue the Indians of the prairies. 
They would disperse, and your army would be left there ; and they, per- 
haps, surrounding you, in the distance, and laughing at the glorious pomp 
with which you were marching through their prairies. If you take men 
there and make a display without efhciency, you provoke their ridicule and 
supreme contempt. 

But, Mr. President, ihe course which has been pursued since the days of 
William Penn to the present moment, has not been entirely successful in 
conciliating the Indians. Under the management of Washington, of the first 
Adams, of Madison, of Monroe, of the second Adams, of Jackson, and of 
Polk, we have, with few exceptions, been very successful in maintaining 
peace with them. The suggestions made by our fathers in relation to their 
civilization and humanization, are exemplified and illustrated in the present 
condition of the southern tribes, who have received the greatest benefits of 
the light shed on them ; and they have responded to it by the cultivation 
of mind, by the development of resources, both physical and intellectual, 
which reflect lustre on their character. Can not the Indian now be in- 
fluenced in the same way, by the same means } Have we no landmarks to 
guide us } Have we not experience to teach us .'* Have we not humanity 
to prompt us to march on in the path which is already laid out before us } 

Sir, how different is the policy now pursued from what it once was ! I 
must read, for the instruction of the Senate, an extract from the last annual 
report of the Commissioner of Indian Affairs, and I beseech your attention 
to it, because it contains more good sense and reflection than I could impart 
in the same number of words. It will be necessary in the examination of 
this subject, in relation both to the Indians and the Army, to see in what 
manner they harmonize with each other, and how far the one is necessary 
to the success of the other. The Commissioner of Indian Affairs, in his 
report to the Secretary of the Interior, describes a transaction to which I 
wish to call attention : 

" As heretofore reported to yau, an association of persons has undertaken 
to appropriate to their own use a portion of the land ceded by the Dela- 
wares, fronting on the Missouri River, and south of Fort Leavenworth ; 
have laid out a city thereon, and actually had a public sale of the lots of the 
same on the 9th and loth of October last. These unlawful proceedings 
have not only taken place under the eyes of the military officers stationed 
at the fort, but two of them are said to be members of the association, and 
have been active agents in this discreditable business. Encouraged by 
these proceedings, and prompted by those engaged in them, other persons 
have gone on other portions of the tract ceded by the Delawares in trust to 
the United States, and pretend to have made, and are now making, such 
' claims ' as they assert will vest in them the lawful right to enter the land 
at the minimum price under the preemption law of July 12, 1854." 



i28 Houston's Literary Remains. 

This is a specimen of the aid and succor afforded by military command- 
ers to the agents to maintain and preserve peace among the Indians. These 
are the gentlemen to whom the agents look for co-operation in the discharge 
of their duties, and to afford equal protection to the Indians against aggres- 
sions from the whites, as to the whites against aggressions from the Indians. 
Such a transaction as is here disclosed is an act of unmitigated infamy in the 
officers who have lent themselves to it. I hope the Executive, in the pleni- 
tude of his power, and in the exercise of a wise and just discretion, will 
erase their names from the records of the country, and redeem our annals 
from infamy so blackening as this. Think, sir, of an officer wearing an 
American sword, adorned with American epaulettes, the emblem of office 
and the insignia of honor and manly pride, degrading himself by a violation 
of the faith of his Government, rendering him a disgrace to the uniform 
which he wears and the earth upon which he treads ! 

' It will be recollected that the Delaware Indians own one million eight 
hundred thousand acres of land. They ceded one million three hundred 
thousand acres to the Government of the United States for $10,000, reserv- 
ing to themselves the land on which the city referred to has been laid out 
on the banks of the Missouri. They confided five hundred thousand acres 
to the Government of the United States, as they could not themselves dis- 
pose of it except to the Government ; and, believing that it would be a 
source of wealth and independence to them, they have granted it to the Gov- 
ernment, in trust, to be sold by it, the right of possession remaining in them 
until it should be disposed of. It appears, from the Commissioner's report, 
that persons had gone and taken possession of this land. If they have not 
done so, they ought to be vindicated against the charge. I regard it as 
authentic a.nd official, and until it is controverted I have nothing to extenu- 
ate, nor do I set down aught in malice. Justice requires me to state the 
facts. 

^..-Mr. President, I said to the Senate, on a former occasion, that eighteen 
tribes of Indians had been located by this Government within the limits of 
the present Territories of Nebraska and Kansas, and that most of them had 
been removed there from the east of the Mississippi. They were located 
there under the faith of solemn pledges, that while grass grew or water run, 
or the earth brought forth its fruits, they should remain on the lands 
assigned to them unless they chose to abandon them, and that they should 
not be included within the boundaries of any State or Territory. Notwith- 
standing this, these Indians were embraced within the Nebraska and Kansas 
bill. They were taken in — yes, sir, as strangers are sometimes " taken in." 
What is now their condition, and what must it be in after-time } On this 
point let the Commissioner of Indian Affairs speak. In his recent report 
he says, in reference to the Nebraska and Kansas Indians : 

" In the recent negotiations for their lands, the Indians dwelt upon the 
former pledges and promises made to them, and were averse generally to 
the surrender of any portion of their country. They said that they were to 
have the land ' as long as grass grew or water run,' and they feared the 
result if they should consent to yield any part of their possessions. When 
they did consent to sell, it was only on the condition that each tribe should 
retain a portion of that tract as a permanent home. All were unitedly and 



Wise J^ecommendafions of Commissioner, 429 

firmly opposed to another removal. So fixed and settled was this idea, 
that propositions clearly for their interest were rejected by them. 

" The residue of the tribes who have recently ceded their lands should, 
therefore, be considered (subject, in a few cases, to a contraction of limits) 
as permanently fixed. Already the white population is occupying the 
lands between and adjacent to the Indian reservations, and even going 
west of and beyond them ; and at no distant day all the country immedi- 
ately to the west of the reserves, which is worth occupying, would have been 
taken up. And then the current of population, until within a few years, flow- 
ing only from the East, now comes like an avalanche from the Pacific 
coast, almost overwhelming the indigenous Indians in its approaches. It 
is therefore, in my judgment, clear, beyond a doubt or question, that the 
emigrated tribes in Kansas Territory are permanently there — there to be 
thoroughly civilized, and to become a consistent portion of the population, 
or there to be destroyed and exterminated. What a spectacle for the view 
of the statesman, philanthropist, Christian — a subject for the most profound 
consideration and reflection ! With reservations dotting the eastern por- 
tion of the Territory, there they stand, the representatives and remnants of 
tribes once as powerful and dreaded as they are now weak and dispirited. 
By alternate persuasion and force, some of these tribes have been removed, 
step by step, from mountain to valley and from river to plain, until they 
have been pushed half way across the continent. They can go no further ; 
on the ground they now occupy the crisis must be met, and their future 
determined. Among them may be found the educated, civilized, and con- 
verted Indian, the benighted and inveterate heathen, and every intermedi- 
ate grade. But there they are, and as they are, without standing obliga- 
tions in their behalf of the most solemn and imperative character, volun- 
tarily assumed by the Government. Their condition is a critical one ; such 
as to entitle them not only to the justice of the Government, but to the 
most profound sympathy of the people. Extermination may be their fate, 
but not of necessity. By a union of good influences and proper effort, 
I believe they may and will be saved, and their complete civilization 
effected. 

" Be that as it may, however, the duty of the Government is, in my opin- 
ion, plain. It should fulfill, with the greatest promptness and facility, every 
treaty stipulation with these Indians ; frown down, at the first dawning, any 
and every attempt to corrupt them ; see that their ample annuities are 
directed faithfully to their education and improvement, and not made the 
means of their destruction ; incessantly resist the efforts of the selfish and 
heartless men who, by the specious plans and devices for their own gain, 
may seek to distract and divide them ; require diligence, energy, and in- 
tegrity in the administration of their affairs, by the agents who may be 
intrusted with their interests and welfare, and visit the severest penalty of 
the law on all who may violate its salutary provisions in relation to them. 
Let these things be done ; the co-operation of the civil officers, magistrates, 
and good citizens of the Territory secured, and the most active efforts of 
the friends of the benevolent institutions now existing among them be 
brought into exercise for their moral culture ; and, by harmonious and con- 
stant effort and action, a change may, and, it is believed, will, be brought 



430 Houston's Literary Remains. 

about, and Kansas become distinguished as a land in which the complete 
and thorough civilization of the red man was worked out and accomplished." 

Sir, it is the violation of treaties, and the bad faith of the white man and 
his aggressive course, that cause the inquietude of the Indian, and we feel 
it very much in the section of country in which I live. There is a remedy, 
and that remedy must be applied, or the Indians exterminated, at an expense 
ten times beyond what would civilize, in half a century, every red man who 
walks upon the soil of America. I have seen tribes rise from a state of bar- 
barism to a condition in which they are as civilized in their institutions, in 
their religion, and in their social refinement and habits, as citizens of the 
United States, and all this has been done within half a century. These 
things are as possible now as at any former time ; and a sum, very easily 
calculated — less than the amount estimated as necessary to raise these 
troops and subsist them for one year — would civilize every Indian on the 
continent, set him down on a piece of land, and give him " a local habitation 
and a name." Is it not worth an attempt } Is it not worth accomplish- 
ment ? Sir, let me give you some experience in relation to Indians. 

The United States have regiments in Texas, and Texas is considered by 
some as a burden on the Treasury. Texas, it is said, exhausts the Army of 
the United States, and withdraws them from more eligible stations to pro- 
tect her frontier. I will show you, sir, how that is. In 1842 and 1843 Texas 
had a war on hand which had been brought about by an exterminat- 
ing policy proclaimed by a new Administration, and peace was not re- 
stored until 1843, when the head of the Government of Texas went about 
the work of their civilization. He went into the wilderness, on the prairies, 
and there met the Indians, who would not trust themselves within the tim- 
bered land, nor, near any place where there was a possibility of ambuscade. 
A treaty was there made, which not only stayed the tomahawk and the 
scalping-knife, but preserved peace and safety on the frontier until 1849. 
"We were for six years without massacre, without conflagration, without 
prisoners being taken. Not a Texan was killed in that time by the Indians. 
One man was killed near the Indian country, but whether by the Mexicans 
or Indians was a doubtful question ; at any rate, he was not scalped. 

Now, sir, how was this done.'' By what means? By pursuing a policy 
which hal been initiated in 1836, but was disrupted in 183S, and a war 
brought upon the entire borders of that young Republic. The old policy 
was re-established in 1843. Resistance was made to it, as there was to every 
attempt made to establish a government. There was an attempt, on the 
part of some lawless men, to resist everything like order and organization, 
and throw the government into anarchy and misrule ; but they failed. 
These Indians had been our enemies ; they had been exasperated by unpro- 
voked aggressions upon them ; but the proper conciliatory disposition soon 
won their regard and affection. What was the expense of all this } I am 
almost afraid to state it, for I fear it will not be credited when we see the 
enormous estimates now made for the expense of treaties with the Indians. 
Sir, every dollar given to the Executive of Texas to consummate these 
treaties, to feed the Indians, to make presents, was annually $10,000; and 
he rendered vouchers for the last cent. For this sum peace was accom- 



Value of Experienced Agents. 431 

plished and maintained, the safety and protection of our frontiers insured, 
and the Indians made peaceable and happy. 

When Texas was annexed to the United States, these Indians, on account 
of faith having been maintained with them by tlie then Executive of Texas, 
refused to meet and confer with the commissioners sent to them by the 
President of the United States, until they had the sanction of the Govern- 
ment of Texas ; and the symbols of confidence were put in the hands of the 
commissioners before the Indians would treat with them. A treaty was 
then negotiated. What was the history of it.'' One of the commissioners 
— a noble and gallant gentleman, who afterward fell at Chapultepec, in 
Mexico, at the head of his regiment — v/as too much indisposed to render 
any assistance. His co-commissioner assumed the whole business; and 
what did he do .'' He had the Indians' names signed with a mark on a sheet 
of paper, had it attested, and brought it on here. He made large promises 
to the Indians ; he assured them of an annuity of ^14,000, to be paid annu- 
ally, at a certain trading-house ; but when he wrote his treaty (for he did 
not write it until he came here, when he appended to it the sheet contain- 
ing the signatures), it contained a provision that they should receive barely 
$14,000 as a full acquittance. It cost $60,000 to negotiate this treaty, as the 
records of the treasury show. This is a sum equal to the price of six years' 
peace between the Indians and the Government of Texas. Perhaps, how- 
ever, the people of Texas were better then than now. Since that time they 
have been under the Government of the United States. I simply state 
facts. I leave the inference to others. — ^ 

Sir, if the agent appointed by Mr. Polk, who has been restored by the 
present Executive — it is a bright spot in his Administration, and I commend 
him for it — had never been removed, there would have been peace to this 
day on the borders of Texas ; but as soon as the Indian agent who was ap- 
pointed to succeed him went there, he must forsooth establish a ranche ; he 
must have a farm. The Indians who had been settled there from 1843 up 
to 1849, had been furnished by the Government of Texas with implements 
of husbandry, with seeds of every description, and they were cultivating 
their little farms. They were comfortable and independent. They were 
living in perfect peace. If you can get Indians located, and place their 
wives and children within your cognizance, you need never expect aggres- 
sion from them. It is the Indian who has his wife in security, beyond your 
reach, who, like the felon wolf, goes to a distance to prey on some flock, far 
removed from his den ; or like the eagle, who seeks his prey from the dis- 
tance, and never from the flocks about his eyrie. The agent to whom I 
have referred lost two oxen from his ranche where he kept his cattle. He 
went to the officer in command of Fort Belknap, got a force from him, and 
then marched to those Indians, sixty miles from there, and told them they 
must pay for the oxen. They said, " We know nothing about your oxen ; 
our people are here ; here are our women and children ; we have not killed 
them ; we have not stolen them ; we have enough to eat ; we are happy ; we 
have raised corn ; we have sold corn ; we have corn to sell ; we have sold it 
to your people, and they have paid us for it, and we are happy." The agent 
and the military gentlemen scared off the Indians from the limits of Texas, 
and drove them across the Red River to the Wichita mountains, taking 



432 Houston's Literary Remains. 

every horse and animal they had to pay for the two oxen. This was done 
by an accredited agent of the Government, and by an officer who deserved 
but little credit. Are such things tolerable, and to be tolerated in the pres- 
ent age and condition of our Government ? 

What was the consequence? Those Indians felt themselves aggrieved. 
They saw that a new regime had come ; they had had the era of peace and 
plenty, and now they were expelled by a different influence. They felt 
grateful for the benign effects of the first policy toward them, and that only 
exasperated them to a greater extent against the second ; and they began 
to make incursions, ready to take vengeance on any white men they might 
meet in their neighborhood, and slay whoever they might find. They made 
their forays from the opposite side of the Red River, from the Wichita 
mountains, and came like an avalanche upon our unprotected citizens. 
There is one fact showing how your interference with the Indians within 
her limits has injured Texas. 
/ There is another fact in connection with the Indian policy of Texas which 
I shall mention. How was it with the Wichita Indians } Texas sought to 
conciliate them ; they lived beyond her borders, and made incursions from 
the limits of the United States into Texas while she was an independent 
Republic. She did everything in her power to bring abo^t peace with them, 
and, through the friendly Indians, was pacifying them. / One of their chiefs, 
with his wife and little child, and twelve of his men, came to Fort Belknap. 
Some one hundred and fifty or two hundred miles west of the fort, at Ham- 
ilton's valley, property had been stolen by Indians. It was not known 
which out of the thirteen difi^erent tribes had taken it ; for outlaws occa- 
sionally congregated from each, half a dozen of them stealing off from their 
tribes, without the influence of their chiefs operating upon them. They 
were outlaws, careless of the destiny of their tribes, and reckless of the 
crimes which they might commit, so that they could gratify their cupidity 
and recompense their daring. These men had taken some property. Dra- 
goons came on in the direction of Red River, and reached Fort Belknap. So 
soon as they arrived, the officer said to this chief: " Sir, I retain you as a 
prisoner. It is true you came under a white flag ; but I am an officer ; I 
have the power ; I take you prisoner, and you must stay here a prisoner 
until the horses are brought back. Your men must stay, too, except one, 
whom I will send to your tribe with intelligence of the fact." The chief 
said : " My tribe have not committed the robbery ; it is a great distance 
from me; it is in another direction. I come from the rising sun; that is 
toward the setting sun ; I was far from it ; you are between me and it ; I did 
not do it." " But," said the officer, " you are a prisoner." The officer put 
him in the guard-house. Imprisonment is eternal infamy to an Indian. A 
prairie Indian would rather die a thousand deaths than submit to the dis- 
grace of imprisonment. You may wound and mutilate him as you please, 
you may crush every limb in the body of a prairie Indian, and if he can make 
no other resistance, he will spit defiance at you when you come within his 
reach. This chief, meditating upon his deep disgrace, knowing that he was 
irreparably dishonored, unless he could wash out his stains with blood, re- 
solved that night that he would either die a freeman or rescue himself from 
dishonor. He rose in the night. He would not leave his wife and child in 



Texas Specially Interested in Indian Policy. 433 

the hands of his enemy; so he took his knife and stabbed his squaw and 
little one to the heart. Not a groan was heard, for he well knew where to 
apply the poignard. He went and shot down the sentinel, rushed upon the 
superior officers, was shot, and perished like a warrior, in an attempt to 
wipe a stain from his honor. His men fled and returned to their tribe, but 
it was to bring blood, carnage, and conflagration upon our settlements. 
They came not again as brothers to smoke the calumet of peace, but with 
brands in their hands to set fire to our houses. Contrast that with the pre- 
vious years ; contrast it with the harmony which had before existed, and 
you see the lamentable result of sending, as Indian agents and army officers 
to take charge of the Indians, men who know nothing about the Indian 
character. 

Well, sir, how can Texas expect peace ; how can she expect protection to 
her citizens .'' Not from your army. It has never given her protection ; it 
is incompetent to give protection ; and it is a reproach to the country. I 
will not say anything personally unkind of the officers who command, for 
they are gentlemen ; but I say they know nothing about the Indians, and I 
shall prove it. Texas deserves protection, and she can have it if a rational 
effort be made to give it to her, but not by your troops. What sort of pro- 
tection can she expect from hostile Indians, when the commanding officer 
of that military department, a gallant gentleman, who has borne himself 
nobly in the heat of battle, skillful in design, bold and gallant in execution, 
and in all the martial arts replete, but amongst the Indians unskilled. He 
has issued an order that no Indian should go within twenty miles of a for- 
tress on the frontier of Texas. The Indians think, "Very well, you say the 
Indians shall not come within twenty miles of your forts, and we say your 
men shall not come within t\venty miles of us, or we will shoot them." 
That is a pretty good notion for an Indian ; it is very natural. The boun- 
dary is fixed by the white man, and the Indian lives up to it. 

Well, sir, there is a remedy for all this, and it is very easy to apply it ; 
but how are we circumstanced there .'' Is it supposed by some that we are 
deriving great aid from the army, and that the greatest portion of the dis- 
posable forces of the United States is in Texas, and protecting it.? How 
can they protect us against the Indians when the cavalry have not horses 
which can trot faster than active oxen, and the infantry dare not go out in 
any hostile manner for fear of being shot and scalped ! Can they pursue a 
party who pounce down on a settlement and take property, and reclaim 
that property } Have they ever done it } Did the old rangers of Texas 
ever fail to do it, when they were seated on their Texas ponies 1 They were 
men of intelligence and adroitness in regard to the Indian character, and 
Indian warfare. Do you think a man is fit for such service who has been 
educated at West Point Academy, furnished with rich stores of learning; 
more educated in the science of war than any general who fought through 
the Revolution, and assisted in achieving our independence ? Are you going 
to take such gentlemen, and suppose that by intuition they will understand 
the Indian character "> Or do you suppose they can track a turkey, or a deer, 
in the grass of Texas, or could they track an Indian, or would they know 
whether they were tracking a wagon or a carriage } [Laughter.] Not at 
all, sir. We wish, in the first place, to have men suited to the circumstances. 
28 



4-34 Houstoii's Literary Remains. 

Give us agents who are capable of following out their instructions, and who 
understand the Indian character. Give us an army, gentlemen, who under- 
stand not only the science of command, but have some notions of extend- 
ing justice and protection to the Indian, against the aggression of the whites, 
while they protect the whites against the aggressions from the Indians. 
Then, and not till then, will you have peace. 

How is this to be done ? Withdraw your army. Have five hundred cav- 
alry, if you will ; but I would rather have two hundred and fifty Texas 
rangers (such as I could raise), than five hundred of the best cavalry now in 
service. I would have one thousand infantry, so placed as to guard the 
United States against Mexico, and five hundred for scouting purposes. I 
would have five trading-houses from the Rio Grande to the Red River for 
intercourse with the Indians. I would have a guard of twenty-five men out 
of an infantry regiment, at each trading-house, who would be vigilant and 
always on the alert. Cultivate intercourse with the Indians. Show them 
that you have comforts to exchange for their peltries ; bring them around 
you ; domesticate them ; familiarize them with civilization. Let them see 
that you are rational beings, and they will become rational in imitation of 
you ; but take no whiskey there at all, not even for the officers, for fear their 
generosity would let it out. Do this and you will have peace with the In- 
dians. Whenever you convince an Indian that he is dependent on you for 
comforts, or for what he deems luxuries or elegances of life, you attach him 
to you. Interest, it is said, governs the world, and it will soon ripen into 
affection. Intercourse and kindness will win the fiercest animal on earth 
except the hyena ; and its spots and nature can not be changed. The nature 
of an Indian can be changed. He changes under adverse circumstances, 
and rises into the dignity of a civilized being. If you war against him, it 
takes a generation or two to regenerate his race, but it can be done. I 
would have fields around the trading-houses. I would encourage the Indians 
to cultivate them. Let them see how much it adds to their comfort ; how 
it insures to their wives and children abundant subsistence, and then you 
win the Indian over to civilization ; you charm him, and he becomes a civ- 
ilized man. 

Sir, while people are seeking to civilize and Christianize men on the banks 
of the Ganges, or the Jordan, or the Brahmapootra, why should not the same 
philanthropic influence be extended through society, and be exerted in be- 
half of the American Indians.? Is not the soul of an American Indian, in 
the prairie, worth as much as the soul of a man on the Ganges, or in Jeru- 
salem ? Surely it is. Then let the American Government step forward ; 
let it plant the standard of regeneration and civilization among the Indians, 
and it will command the co-operation of the citizens in their philanthropic 
efforts. I am willing to appeal to the venerable and distinguished Senator 
from Michigan, who knows what an Indian is, and what his disposition is, 
perhaps more thoroughly than I do myself. To him would I defer, but to 
no other man, for a certain and intimate knowledge of the Indian character. 

There is another point in connection with the dealings of the Government 
with the Texas Indians to which I will advert. There are the Comanchcs 
of the woods, and the Comanches of the prairie. The Te.xas Indians do not 
receive their annuities in Texas, but they are brought into Kansas, a great 



Fearful Resvlts of Indian Wars. 435 

distance from us, where they receive the munificence of the Government in 
their annuities, on the east of the Red River and the Arkansas. What is 
the consequence ? They believe Texas is not their friend, or that the Fed- 
eral Government, from their crude notions of it, would pay them in Texas, 
and would not make them travel over rivers, and through trackless prairies, 
to receive their presents. They return to Texas, not with feelings of respect 
for the benefits they receive, but with contempt. This is bad policy. You 
should distribute your presents to the Texas Indians within the limits of 
Texas. Her territory is broad enough ; her domain is fertile enough; her 
character is high enough to justify you in doing so. She has done much 
for herself — more than this Government has ever done for her. 

In order to treat with the Indians properly, as I have said, you should 
take away your troops, except the portion I have stated. The Indians, with 
the exception of the Osages, Kiowas, and Kaws, are disposed to be friendly, 
I believe. As to the disaffection of the Sioux, I look on it only as an up- 
rising to resist aggression. They were fired on by artillery and small arms, 
without provocation, and it is but natural that they should resist. Theirs 
is not a confederation to assail the whites, but to protect themselves. I 
justify them in doing it. I am sorry there is a necessity for it ; but if I were 
among them, and they proposed a confederacy to repel cruelty and butchery, 
I would join them, and he would be a dastard who would not. 

When gentlemen speak of a war upon the Indians, have they considered 
the consequences ? You may succeed in killing their women and children, 
but it is a remarkable fact that you kill but very few of the warriors. Those 
who march with martial display upon the Indians, find them to-night at 
one point at dark ; they may see the smoke of their fires ; and at dawn to- 
morrow they will be fifty or seventy miles away, with their caravans, and 
every child and woman, not even a dog being left behind. What army that 
you could send of three thousand men, or any other number, could effect 
anything by making war upon the Indians ? Why, sir, it would be like the 
redoubtable exploit of the celebrated King of France, who, " with forty 
thousand men marched up a hill, and then marched down again." [Laugh- 
ter.] Yes, sir, that, I predict, would be the history of such a campaign. 

To accomplish the object here contemplated, it is proposed to spend 
$5,000,000. As I have said before, that amount of money would civilize 
every Indian on the continent, if you sent men of intelligence and capacity 
among them to do it. I have been delighted with the reports which I have 
had the opportunity of glancing at, accompanying the annual report of the 
Commissioner of Indian Affairs. One from a gentleman who now occupies 
a seat in the other House [Mr. Whitfield] gratified me exceedingly. I have 
had the pleasure of seeing him but once since my arrival. I knew him, when 
a youth, in Tennessee, and he has more than met my expectations, though 
then they were not indifferent. He has proved himself to be a man of fine 
perceptions, of excellent judgment, and of good heart. He has capacity to 
treat with and to reclaim the Indians ; and, I doubt not, that he and other 
gentlemen who could be associated with him, could go to the Indians, with 
five hundred troops, if you please — not march through the Indian country, 
but send word to the chiefs ; let them know they had a force, and there is 
not a chief, who has had any relations with the United States, but would 



436 Houston'' s Literary Remains. 

come forward willingly, make treaties, and maintain them in good faith. 
But you must establish trading-houses ; you must protect them, and then 
you may command the Indians absolutely, and you will have no murders 
upon your roads. 

Sir, would it not be much wiser to send a few wagons with presents than 
to send an army? Would not the object be effected much sooner by send- 
ing commissioners with presents ? The Executive and Senate are the 
treaty-making power, and all that is necessary for Congress to do, is to make 
an appropriation for the purpose. Would it not be much easier to take 
presents to the Indians, and would not the object of attaining and preserv- 
ing peace be much sooner effected in this way than by an army? While 
you were clothing and equipping your army, and marching it there, the In- 
dians might kill half the people on the frontier. Your army would have to 
march thousands of miles to reach them ; but commissioners could go 
quietly along, with four or five hundred troops, or as many as might be nec- 
essary ; I would leave that to their discretion ; I would select men of capac- 
ity for fighting as well as for treating. Send such men, and there will be 
no trouble in bringing about peace. My life upon it, $5,000,000 would suf- 
fice to civilize every Indian who has ever been in treaty with the United 
States, and settle him in a quiet, comfortable home. 
r -'' Some time since the present agent in Texas was ordered to lay off a sec- 
tion of country in that State for the use of the Indians. He did so. He 
said to the fierce Comanches, "Come here, my brothers, and settle down." 
They have done so. The Indians to whom I before alluded, who were 
driven off by the former agent, after robbing them of their horses, upon the 
assurances given at the return of the present worthy and intelligent agent, 
faithful to his trust, came back in perfect confidence, and set themselves to 
building their houses to shelter their women, old men, and children, while 
\J the warriors went out to kill game. There they are. The southern Co- 
manches went within the border, and said, " Let us settle "; but they were 
immediately told, through the influence of the army, I suppose, that they 
must not settle there. I saw, not long since, a letter from a most intelligent 
gentleman, who said that the officer at Fort Belknap, with three companies 
of rangers, and two of regulars, was daily expecting to make a descent on 
the poor Indians who had been settled there by the agent, under the pledges 
of the Government, which promised them that they should have a country 
where they should throw away the arts of the wild and the red man, and 
become domestic, agricultural, and civilized in their pursuits. They have 
acquiesced in that policy of the Government, but are in constant dread lest 
the military gentleman in command of the fort, in order to gain laurels and 
acquire glory, and do honor to his profession, may make a descent with the 
regulars and volunteers, or rangers, upon the poor Indians. If intelligence 
of such a descent should arrive, I should not be surprised. I shall be dis- 
tressed, to be sure ; but it will only be one of a thousand distresses which I 
have felt at the wrongs inflicted on the Indians. 

I have before spoken, Mr. President, of the talk as to the army being ap- 
plied to the defense of Texas. What is the efficiency of that army ? There 
are three companies at Fort Belknap. What force do you suppose they 
have ? They have the incredible amount of efficient force (and part of them 



Impolicy of Increasing tlie Army. 487 

on the alert, reconnoitering and scouting) of just sixty men. There were 
sixty men out of three companies ! Now, how many men constitute a com- 
pany ? 

Mr. Shields. Sixty-four. 

Mr. Houston. They have not one-third of the requisite number. The 
amount at a fort where there are two companies is thirty men. That is the 
protection you afford to Texas. We have no efficient force in Oregon. I 
have discovered, in looking over the reports, that, at the fort, near the ferry- 
house, where the massacre of such unprecedented atrocity took place, there 
were but four soldiers. This is the protection your army affords ! 

Now, sir, is it politic to increase the regular force of the United States ? 
To govern a country well, where intelligence predominates over selfishness 
and interest, I think the smaller the army is the better. I have had some 
experience in that. It is very well to take care of arms and ordnance stores 
and army stores which would be useful in time of war. It is necessary, I 
think, to have an army for that purpose. You may have as great a stock of 
science as you please, but it does not follow that you are bound to make an 
officer of every gentleman you educate at West Point. I do not think it 
would be wise policy to extend the army to suit the establishment of the 
Military Academy; but rather to suit the Military Academy to the interests 
and exigencies of the country. That is my opinion about the army. 

The nominal number of the army is fourteen thousand. There is not a 
vacancy, I presume, for an officer in the whole service. According to the 
data I have before me, and the items 1 have given, I suppose there are about 
four thousand five hundred men in the service. To make the actual num- 
ber of fourteen thousand complete, j^ou would have to make the nominal 
force three times fourteen thousand. Let the head of the Department show 
that they can keep this establishment perfect before they go to ingrafting 
new limbs on it, in its present imperfect condition. Let the trunk be sound 
before you graft it. I know that the officers will never be less than the es- 
tablishment ; and if the soldiers be less than the establishment, it shows 
that it is too large, and ought rather to be reduced. Whenever we see that 
the present establishment is kept in order, and the requisite number of men 
to make it complete always in the service, it will commend itself to consid- 
eration ; and if a greater amount of force, or a larger establishment be nec- 
essary, it would be acceded to. I do not, however, now see any necessity 
for it. If you increase it, it will never get less. We know that, even when 
the army is increased in time of war, there is difficulty in reducing it to a 
peace establishment afterward. It has always been the case, and always 
will be, that a man, by once holding an office temporarily, acquires a claim 
to it which is enforced by relatives and friends : and the army thereby will 
become an eye-sore to the people, and a carbuncle upon the body politic. 

It may be asked, sir, how I would furnish protection to the emigrants who 
travel on the plains to California and Oregon. I would fix a proper season 
at which they should take their departure from Fort Laramie. I would 
have them depart in companies, each company consisting of about one 
thousand emigrants. Out of these one thousand, the usual proportion 
would be about two hundred and fifty men, I would give them a guard of 
two hundred and fifty more, making five hundred men to each company. I 



438 Houston's Literary Remains. 

would have them start in three several bodies in the course of the year, so 
that they should accomplish the trip properly, and let them start at such 
distances that they should not be more than one hundred miles apart. In 
this way they would be enabled to march across the plains without difficulty. 
I would have a fort at each end of the road to prevent the passage of a com- 
pany incompetent to defend themselves, and not let them undertake to cross 
the wilderness alone. This is the course which I would pursue, and, I think, 
in this way perfect security would be given to the emigrants. Thus, if our 
citizens would make the venture, they would have an escort and a protec- 
tion capable of resisting all the Indian power which might come upon them. 

Sir, in the course of my remarks I have said some things which might 
seem to bear upon the officers of the army as a class. My partialities for 
military men, and for gentlemen of the army, are of a character not to be 
doubted. I know their high-toned feeling, their honorable bearing, and 
their chivalry ; and when I commented upon some of them, I only spoke of 
such as brought themselves within the purview of my remarks by impro- 
priety of conduct, deserving the reprobation of every man who appreciates 
honorable feelings, integrity, and truthfulness. As a class, however, 1 ad- 
mire and respect them. I have experienced their hospitalities. Once I en- 
joyed their association with pleasure ; and my recollections of early habits, 
formed in their companionship, always mark a verdant spot in memory's 
waste. It is only the guilty and the culpable that I condemn. 

Sir, I believe the honorable chairman of the Committee on Military Af- 
fairs has withdrawn that portion of the amendment relating to the appoint- 
ment of three commissioners to treat with the Indians. But, Mr. President, 
if we wish to do good to the Indians, we have it in our power ; if we wish 
to destroy them, we can starve them out. If we intend to save them, we 
can do it by appealing to their best feelings. There is one pathway to an 
Indian's heart. If you show him that comforts and benefits are to result to 
his wife and children, you may command him absolutely, and he yields im- 
plicitly. He has no opposing thought to their interest. I have always seen 
that if you could impress an Indian with the conviction that comfort and 
security would inure to his squaw and pappooses, from the adoption of a 
particular policy, he would submit to it. My colleague [Mr. Rusk] knows 
that this is the way to the heart of an Indian. The proudest warrior is hu- 
miliated at the thought of his wife and little ones being in the least uncom- 
fortable. Whenever an Indian intends to conciliate the whites, he brings 
his family and settles as near as he can to a fort or agency, and says, " Here 
are the hostages I give you for my fidelity to you ; if I do wrong, I know 
they will suffer; they are dearer to me than my life." The Indians can be 
brought arou d trading-houses. 

I have lost all hope of the stations in Texas doing any good. I would not 
have more than twenty-five men at a trading-house to give protection, in 
the event of any ebullition among the Indians of a violent character. It 
would be entirely accidental if such a necessity happened around the trading- 
houses as to require protection to be given to the caravans emigrating to 
California and Oregon. I would encourage the Indians in the arts of peace. 
You need no armies ; you need no Indian allies to butcher them. All you 
have to do is to maintain your faith in carrying out the treaties which have 



The Army Needed for Emigrant Convoys. 439 

been made, and not directly or indirectly encourage men to violate every 
principle of honor and humanity, and deride even faith itself. 

After some remarks by Mr. Jones, of Tennessee, Mr. HOUSTON said : 

The honorable Senator from Tennessee, in the course of his remarks, has 
fallen into several errors; he certainly has misapprehended me as to the 
import of my remapks about the force necessary to guard the emigrants. I 
estimated them, perhaps, at three thousand annually ; I do not care whether 
it be three hundred or three hundred thousand; but in proportion as they 
are numerous, they will afford themselves efficient means of defense ; and, 
according to my calculation, in twenty thousand there would be furnished 
five thousand fighting men. Then, as to a smaller force, if they were or- 
ganized in the march, a small addition of soldiers would be sufficient to 
give them all the protection that would be necessary. It is necessary to 
subdivide them into such companies as can conveniently travel together, on 
account of grass, water, and other supplies that they must procure on the 
prairies. 

As to the army and its efficiency, I remark, that if the army were filled 
up to the amount that is necessary, it would take three times fourteen thou- 
sand nominally, to furnish an efficient force of fourteen thousand in the 
field. I estimate the efficient force at about one-third of the number that 
appears on paper. 

Mr. Shields. Will the Senator permit me to interrupt him .-* 

Mr. Houston. With great pleasure. 

Mr. Shields. The legal or authorized force is a little over fourteen thou- 
sand, but the actual force is about eleven thousand. 

Mr. Houston. Then, Mr. President, for security, it will be necessary to 
keep encampments in sight from Fort Laramie until they reach California. 
If they are ever out of sight of a guard sufficient to protect them, they are 
liable to depredation. If small companies of only a hundred men can thus 
travel, they will travel at their own risk and go to their certain destruction, 
unless the Indians are conciliated ; and that shows the necessity of making 
peace with them. The honorable Senator from Tennessee says that it is an 
imperative necessity to send the army. He says if the commissioners fail, 
you must have recourse to chastisement ; but if they succeed, the force of 
three thousand men will be unnecessary. 

But, Mr. President, my life upon it, and I do not say it lightly, if from three 
hundred to five hundred men were taken by the three commissioners ; or, 
if they limited their escort to forty, or fifty, or one hundred men, they would 
succeed in conciliating every Indian on this side of the Rocky mountains, 
if in the meantime the white men do not commit aggression. If you send 
such discreet men as could be selected, you can keep peace ; and yet, upon 
the contingency that they may not succeed, you are to go to the expense of 
an army. But if we can not keep up our present establishment of fourteen 
thousand complete and effective men for actual service, with all the resources 
of this nation, its increased bounty, and pay, and rations, let us give up the 
army ; let them go to more useful employments. What is the use of talking 
about making the establishment commensurate with the present wants, if 
you can not keep up the present establishment to the necessities and exi- 



440 Houston^s lAterary Remains. 

gencies of the country? Let them do that, and expose the fallacy of the 
theory which says that we must keep on increasing the army until we get 
the requisite number to keep up to the established standard. Let them re- 
duce the officers to the number of men. That is the way to do it. We 
must have some criterion to go by ; and until we do it we shall never have 
an efficient army. The army is small enough. Its efficiency is the great 
object. Now, fourteen thousand men are sufficient for all the exigencies of 
the country; and we must have some mode to give the emigrants security, 
or they must go at their own hazards or adventure. I desire to give them 
protection. You have to rely upon the disposition of the Indians for secu- 
rity to our emigrants. Unless you conciliate them, all the armies we can 
take will never give the emigrants protection. What kind of security can 
you give to emigrants for a distance of fifteen or eighteen hundred miles.-* 
You can give no protection where the troops would be a mile apart, for the 
unprotected emigrants might be attacked and slaughtered before any succor 
could come to them. Sir, it is the feelings of the Indians which you have 
to conciliate; it is their friendship, their confidence, you must obtain. 
Treat them with justice and liberality, and a hundredth part of the money 
which you spend in supporting the army will keep them faithful. They 
will not violate a treaty unless the aggression is commenced by the whites. 
A few outlaws of a tribe may ; but in such a case the tribe will not sacrifice 
its annuities for the lives of outcasts. It will either execute them or hand 
th em ov er to the military authority of the country for condign punishment. 
In this way a few examples would have an electric influence upon all the 
tribes, for they have a more direct communication than the United States 
Government possesses with all its mail facilities, until it establishes a tele- 
graph. They carrj^ intelligence a hundred miles in twenty-four hours, and 
do you think that the laying off of this town in Kansas is not already com- 
municated to every tribe of Indians in the prairies .'' Yes, it is ; they know 
that the white man has told the Indians, the Delawares, a lie ; they know 
they have stolen their land ; they know there is no faith to be reposed in 
them. Keep faith with them, send men who are wise and instructed in the 
Indian disposition and character, and they will give you peace — my life upon 
it. You have not a solitary man between the Mississippi and the Pacific 
coast, but knows that all the money in the Treasury lavished, will never 
give you peace or protection to the emigrants, until you have the confidence 
and the friendship of the Indians. Were you to pay ten thousand, or a 
hundred thousand, or two hundred thousand dollars to keep the troops 
there, they would render no aid of importance to the emigrants, unless you 
secure the friendship of the Indians. Whenever that is secured you will 
have peace, but as long as you rely on military force to give protection to 
the emigrants, you will not have peace. / 

.-.~— — ' January 31, 1855. 

After a speech by Mr. Dodge, of Iowa, Mr. Houston said : 
Mr. President, I am impressed with the belief that any effort of mine, on 
the present occasion, will be unavailing for the accomplishment of the ob- 
ject which I have in view ; but, nevertheless, I regard it as an imperative 
duty to do everything in my power to prevent the adoption of a course of 



Army Increase not Needed for Indian Wars. 441 

policy which I consider detrimental to the peace and security of our frontier 
settlements. 

I admit, sir, that the measure proposed by the Senator from Illinois [Mr. 
Shields], as chairman of the Committee on Military Affairs, is presented to 
the Senate in an imposing manner. It seems to be indorsed by the Secre- 
tary of War and the President of the United States ; but, though I enter- 
tain full respect for the opinions of those distinguished gentlemen, I must 
be allowed liberty to investigate the subject for myself, and to put my own 
construction on the facts which are laid before us. It is not sufficient for 
me that a measure comes here indorsed by the recommendation of the Ex- 
ecutive. If I entertain a different view from the Executive on any point, I 
must act, as a Senator, on my own judgment, and not in subserviency to the 
views of others. Are we to acquiesce in the proposition now presented to 
us, because the Senator from Tennessee [Mr. Jones] and the Senator from 
Georgia [Mr. Dawson] tell us it is indorsed by the Executive Departments, 
and has received their approbation ? Are we to become the mere recording 
instruments of the opinions of the Executive, without the privilege of in- 
vestigating subjects, and acting on them independent of those influences 
which may be brought to bear on us? For my own part, Mr. President, I 
shall, when placed here for the purpose of deliberation and action, always 
exercise my own opinions, however much I may defer to the recommenda- 
tions and opinions of others, as I am responsible, not only to my constitu- 
ents, but to the nation. 

I must confess, Mr. President, that I can not regard the necessity as ur- 
gent as it seems to be esteemed by other gentlemen, and by those who have 
recommended it. It seems to be a measure of war, and retaliation for wrongs 
done ; it is a measure which, we are told, is necessary to save our frontiers 
from aggression, and to protect them against violence and warfare. I can 
not arrive at that conclusion. However misguided I may be, or however 
obtuse my faculties, I can not see the slightest indications of a disposition, 
on the part of the Indians, to wage hostilities against this country, or to en- 
danger the lives of our citizens, if a correct policy were pursued. Sir, we 
must go to the origin of this matter, to see how far causes have influenced 
the present condition of things. We shall then be in a situation to apply 
the necessary remedies, and to secure our frontiers against aggression. In 
the first place, we are informed by the Secretary of War that — 

" During the past year the Sioux had committed many depredations upon 
the property of the emigrants passing Fort Laramie on their route to Ore- 
gon and Utah. On the 19th of August, Lieutenant Grattan, of the 6th in- 
fantry, was sent, by the commander of the post, with thirty-five men to ar- 
rest an offender. This entire force was massacred by the Indians, with the 
exception of one man, who escaped severely wounded, and subsequently 
died. The circumstances of this affair were at first involved in obscurity ; 
but authentic details have since proved that the massacre was the result of 
a deliberately formed plan, prompted by a knowledge of the weakness of 
the garrison at Fort Laramie, and by the temptation to plunder a large 
quantity of public and private stores accumulated at or near that post. The 
number of the Indians engaged in the affair was between fifteen hundred 
and two thousand men." 



442 Hoy stall's Literary Remains, 

It is very strange that numerous outrages have been committed, as we 
are told by the Secretary of War. Sir, what are the facts ? Not a single 
outrage was committed upon the frontier in the vicinity of Fort Laramie" 
but this ; and how was it produced ? Was it produced by the Indians ? We 
are told by the Secretary, too, forsooth, that an ambuscade was laid for the 
purpose of decoying this lieutenant, and massacring him and his party. 
Strange it was, indeed, that he should not have discovered this ambuscade, 
when he, for the distance of a mile or more, had marched through the In- 
dians, with two pieces of artillery, to arrest an Indian, without requiring the 
chiefs, or waiting for them, to surrender the offender. But what was the 
offense } The killing of a crippled cow. That embraces the repeated out- 
rages upon the people in the vicinity of Fort Laramie, and on the route to 
Oregon and to California ! 

Let us look into the facts. We are told by a most intelligent gentleman. 
General Whitfield, an Indian agent, that these Indians had committed no 
depredations until they were fired upon, and one of their chiefs wounded. 
That took place before they attempted to retaliate ; and even then, in the 
first instance, they abstained from anything like retaliation, through the in- 
fluence of their chiefs, until the artillery had fired upon them. Did that 
look like an ambuscade which was laid, or a deliberate design to massacre 
the party ? Sir, these are facts. They are not deductions. They are veri- 
fied by as gallant a man as ever was in a camp of the United States — a man 
of intelligence and of character. What was the condition of the Indians 
there } Why, sir, they had been promised annuities. They were aware 
that the goods had arrived there. They had been there for nearly three 
weeks. The Indians had patiently waited. Their provisions were scarce. 
The agent was expected to return daily, and did soon return and possess 
himself of all the facts. The individual who was relied on by the War De- 
partment, made an authentic statement to the agent, which was verified by 
no less than seven witnesses who were on the ground, that the aggression 
was made by the lieutenant, and at the instigation of a drunken interpreter, 
from whom the lieutenant had taken a bottle of whiskey, and had thrown it 
down and broken it. Who can suppose that such a medium through' which 
to communicate to the Indians was calculated either to inspire respect or 
confidence, or that he was a very suitable medium through which to pre- 
sent grave matters, and make reclamation for a cow ? 

Sir, that cow is to become the wonderful prodigy of the present age, and 
she is to enlist the sympathies of the whole country for the lieutenant and 
his company, who fell victims to indiscretion and rashness. Doubtless, in- 
duced by the language of this drunken interpreter, he acted with the in- 
discretion that would characterize youth, but not the deliberation of man- 
hood, and yet this country is to be involved in a war, the least expense to 
be attached to which will be $5,000,000. It will be an expensive cow ; and 
after you have carried on the war as long as the war continued in Florida, 
and it has cost you another forty-five millions, you will end it in the same way 
by peace. Where they have boundless deserts, and mountains, and fastnesses, 
and plains in which to find security, and when those in Florida, who were 
hemmed in on an isthmus or a cape, could not be reduced by the army of the 
United States, and the militia of the South, how are you going to take 



Western Indians Disposed to Peace. 443 

troops thousands of miles to subdue these Indians in the illimitable West ? 
It is impossible that it can be done, Mr. President. Then you will have to 
purchase peace ; and, beside all that, for ten years to come, you will have to 
increase your oflScers, and clerks in your accounting offices, to pay for the 
lost horses, and the incidental losses and injuries done. 

But, we are told by the honorable Senator from Alabama [Mr. Fitzpatrick] 
that there is great danger from the Indians, in large bodies of two thousand 
five hundred, sweeping down the Missouri River and the Mississippi, and 
that carnage, massacre, and slaughter will be the consequence of it. Much 
respect as I have for the honorable Senator — and I assure you it is of the 
most sincere character — T can not agree with him on these Indian subjects, 
though he has lived in a State contiguous to the Indians, but of a character 
very different from those of the plains. The Indians of the plains are su/ 
generis when compared with others. They are not like the Indians located 
in the towns or wigwams of the South ; they have no marks of civilization 
in their habits. The want of contact with the whites has deprived them of 
a thousand advantages which the Indians of the South possessed from the 
earliest recollection of the Senator. 

But, sir, how would a force of Indians embody themselves on the frontiers 
and remain for twenty days embodied ? It can not be done. My honorable 
colleague [Mr. Rusk] well knows that they can not do it, unless they have 
the appliances and comforts of the white man ; unless they have stock from 
which they can prepare provisions for the occasion, and produce grain. It 
is impossible, sir, and it is now their daily employment, with the exception 
of a few outlaws or war parties that occasionally go out to engage in hunt- 
ing, to support their women and children, and to keep them from starvation. 
Yes, sir, it is impossible that they can embody themselves, and remain four- 
teen days embodied, in an attitude menacing to the security of our frontier 
settlements. 

I apprehend no danger. We find, from every circumstance, that the In- 
dians there are perfectly disposed to peace and conciliation. There is no 
disposition to go to war, except on the part of some outlaws in each tribe, 
who may go on predatory excursions, regardless of the authority of their 
chiefs ; but the chiefs have influence enough, for they are despotic, their 
power is absolute, and if you will give them time they will control the tribe, 
and those fellows will be surrendered, and make an atonement for their 
crimes. They will be surrendered, for, after the killing — I will not call it 
massacre — or after their repelling of the attack made by Lieutenant Grattan 
and his party, which terminated so disastrously to them, amounting almost 
to their entire extermination, the chiefs, apprehensive of the consequences, 
and of the difficulty of having the facts presented to this Government, and 
fearing the involvement of their wives and children in difficulties, and that 
they should be harassed and reduced to starvation to an extant greater 
than they had yet experienced, came forward with propositions to make 
reparation for the injury done, and to surrender the ofl:enders. But the 
officer did not receive them. No, sir, he drove them off : " Away, sir, I want 
nothing to do with you." If you wish to have a force, under such circum- 
stances, exercising no more discretion or precaution than is here evinced, 
sufficient to protect our frontier, you will have to maintain three hundred 



/ 



444 Houstoii's Literary Remains. 

thousand, instead of three thousand. Why could he not have said to the 
Indians : " Bring in the chiefs, I will await the decision," or, " The agent 
will be here, or is here ; talk to him "; but no, sir, the officers were willing 
to take the responsibility without referring it to the agent. 

And here we find a discrepancy between the report of the head of the In- 
dian Bureau and the Secretary of War. We find that the Indian agent, in 
detailing the facts, gives them as they are, perfectly authenticated by the 
best evidence; and we find the officers giving a different glossary. These 
statements have to be reconciled. If I wished information in relation to 
the army purely, I would, with great pleasure and respect, go to the Secre- 
tary of War, for I know his intelligence would respond to any inquiry that 
is proper to his duty; but if I want information in relation to the Indians, 
I go to the head of the Indian Bureau, where I expect to find an able, intel- 
ligent, and attentive gentleman. In the present instance, -I am happy to 
say that I fully appreciate his conduct. I respect his capacity and his con- 
.ste.jicy in the discharge of the duties assigned to him. 
Sir, do we find in the report of the Secretary of War as complete informa- 
tion in relation to Indian matters as we receive from the Commissioner of 
Indian Affairs ? I think not. In relatioQ to the recent outrages against the 
Delaware Indians, in the usurpation of their territory in disregard of every 
pledge made by this Government, we find that the Secretary of War has not 
reported the delinquency, or the criminality, of the officers engaged, but it 
comes in an authentic shape from the Commissioner of Indian Affairs. 
What should be done in relation to this matter, it is not necessary that I 

. should say. 1 gave my opinion the other day in relation to what ought to 

I be done. 

Mr. Shields. The honorable Senator alludes to the delinquency of some 
officers of the army. Now, when charges are made against certain officers, 
I want to get at their names. Let them be punished if they have committed 
a fault. I do not like to hear a general accusation without specifying the 
names of the individuals. Will the honorable Senator mention them .'' 

Mr. Houston. I assure the Senator that I do not exactly recollect ; but 
I am perfectly willing to go as far as the Commissioner of Indian Affairs. 
Doubtless they are matters of delicacy ; and as an investigation may be 
pending — a court of inquiry, or a court-martial — in relation to the officers, 
he may not thmk proper to exhibit their names to the public. But he says 
that two officers of the army were engaged in it ; and I go as far as I am 
justified, in giving a statement which is authentic, I have no doubt — I am 
afraid it is; I wish I had a doubt. Our functionaries there, whether civil 
or military, are bound to protect the Indians equally with the whites. I 
want to see the officers impressed fully with the importance of their re- 
sponsibilities. I want to see them as ready to maintain the dignity and 
character of the United States, and preserve, unsullied, its integrity, as I 
do its arms and its chivalry. It is as much their duty to do so ; and there 
is a chivalry always in protecting the weak against the strong, the defense- 
less against the aggressor. If the honorable chairman of the Committee 
on Military Affairs is prepared to say that no officer of the army has been 
concerned in this nefarious transaction, I am perfectly willing to waive it. 
If I have done injustice, show it to me, and I will take it back. But if the 



Army Outrage at Fort Laramie, 445 

Senator is not prepared to do it, I insist upon it, as a matter of grave con- 
sideration and import to the honor of the nation, that it devolves the re- 
sponsibility on the Executive of prompt action. 

Mr. Shields. The honorable Senator will see, I think, the propriety of 
my request. He presents a report of the Commissioner of Indian Affairs, 
charging two officers of the army with delinquency. 

Mr. Houston. Criminality, 

Mr. Shields. That is still worse ; but he does not enlighten the Senate, 
or the world, as to who the two officers are ; and yet he expects that we can 
answer for some two officers somewhere. Now, what I ask, in justice to the 
army, in justice to the Senate, and in justice to the War Department, is, 
that the honorable Senator specify who the men are, and what the crimi- 
nality is of which they have been guilty, and then I will join him in punish- 
ing them. 

Mr. Houston. The report is made by the Commissioner of Indian Af- 
fairs, and is predicated upon the statement of General Whitfield. The gen- 
tlemen named are. Major Maclin and Major Ogden, of the United States 
Army. If they are innocent of this, I most heartily hope — having known 
one of them, and felt an interest \n his appointm.ent — they will be enabled 
to vindicate themselves most fully, and to establish the character which, I 
believe, they were entitled to up to this time, or until this information 
came. 

Now, Mr. President, here was a report made in relation to the Indians at 
Fort Laramie. We are told that, for three years, these recommendations 
for an increase of the army have been before the Senate ; and yet, wonder- 
ful to tell, all the outrages that have been committed upon the emigrants 
to California, and Oregon, was the crippled cow transaction. Three years 
ago there was a call for this as loudly as there is now, and yet no disastrous 
consequences have taken place ; for, if Lieutenant Grattan had never gone 
there, there would never have been any difficulty ; or if, previous to that 
time, the army had not gone and committed outrages upon the Indians 
across the Missouri River, there would not have been any difficulty. 

Here, sir, by way of digression, I will state that Governor Stevens, 
with sixty men, and comparatively few presents, perhaps not amounting to 
more than $5,000 in value, traveled through all the hostile tribes from Fort 
Laramie, or where he first struck the Indian country, to Oregon, and never 
met with molestation. He conciliated them all ; and he speaks of their 
great anxiety to conciliate the United States, and the great respect and hos- 
pitality with which he was treated. Sometimes his men were in numbers 
of four, or greater or less, as it happened, and they were always in perfect 
security, and treated with the utmost hospitality. He often ventured him- 
self with three or four men into the midst of Indian lodges, and received 
their hospitality ; and when he rose from a council, in which all his men had 
been seated on handsome buffalo skins, those skins were carried to his tent 
as an expression of respect and hospitality. The Indians could, at any 
time, have annihilated his whole command ; but he was a gentleman of dis- 
cretion, and possessed of as much chivalry as any one who wore the uniform 
of the United States. That shows you that there is no actual danger. 

We hear constantly of traders going through the country ; and when a 



446 Houston's Literary Remains. 

gentleman here felt some little alarm on one occasion, and described his 
situation as most critical, he said that traders had gone out when these oc- 
currences took place at Fort Laramie, and he would have sent for them, only- 
he was afraid they would all be massacred. The Indian traders have gone 
on. They have nothing to defend them. They have no guards, no arms ; 
and yet a simple trader, with persons enough, Indian or white, to pack and 
convey the articles of traffic which he possesses, or the proceeds of his trade, 
can go through the whole Indian country, and not meet with the slightest 
molestation or injury. How does this happen, Mr. President ? Does it 
happen that the Indians are hostile, and that they will not attack a weak 
party ; that they want the United States to send armies to hurl defiance at 
them .'' Sir, their complaint is, whenever aggression has been said to have 
been committed by them, or whenever they have retaliated, that it has 
been because the white man first blooded the path, and they wished to 
walk, too, in a path of blood. Yes, sir, that is the secret of it. When our 
traders can go from Fort Laramie, or from the frontier of Missouri, Iowa, 
Wisconsin, and Minnesota, to the Pacific Ocean, with perfect impunity, and 
return laden with stores from the desert or the wilderness, obtained in 
traffic with the Indians, I say when our troops are injured, there is a fault 
somewhere, and that fault is in not cultivating kind relations with the In- 
dians, and treating them with justice and humanity. It is the interest of 
the traders to conciliate them, and we never hear of their being robbed. 
We are told that the Indians exact blackmail from our emigrants to Cali- 
fornia. Yes, sir, they do ; because persons who have preceded them have 
provoked and irritated the Indians. I grant you that no caravan ought to 
go without some military protection. The male portion of the party well 
armed, with a small military force, can always defend themselves against as 
many Indians as can remain embodied in any country where the buffalo is 
not abundant. I am for giving ample protection, wherever it may be, to 
the emigrant trains ; but they should go in such detachments or caravans 
as will render it convenient to afford them subsistence, for I would not that 
one scalp shot. Id be taken. 

I can exemplify, to some extent, an impression that I have when I contrast 
v/ar measures with peace measures. I well recollect in 1835, 1836, 1837, and 
1838, in Texas, we had peace. The Comanches would come down to the very 
seaboard in amity and friendship, would repose confidently in our dwellings, 
would receive some trifling presents, and would return home exulting, unless 
they were maltreated, or their chiefs received indignities. If they did receive 
such, they were sure to revisit that section of the country, as soon as they went 
home, and fall upon the innocent. 

For tiie years I have mentioned, in Texas, we had perfect peace ; and, mark 
you, it (lid not cost the Government over $10,000 a year. We had no standing 
army. A new Administration came in, and the Legislature immediately appro- 
priated $1,500,000 for the creation of two regular regiments. Those regiments 
were raised. What was the consequence? The policy had changed in the 
inauguration of the President. He announced the extermination of the Indians. 
He marshaled his forces. He made incursions on a friendly tribe, who lived in 
sight of our settlements, where the arts of peace were cultivated and pursued by 
them — by agriculture and other arts, and by the exchange and traffic of such 



Indians Friendly to all hut Soldiers. 447 

productions of the soil as were convenient. They lived by traffic with Nacog- 
doches. The declaration was made, and it was announced by the Cabinet that 
they would kill off " Houston's pet Indians." Well, sir, they killed a very few 
of them ; and my honorable colleague knows very well, if it had not been for the 
volunteers, they would have licked the regular army — as the Indians said ; I was 
not there. 

The Cherokees had ever been friendly ; and, when Texas was in consterna- 
tion, and the men and women were fugitives from the myrmidons of Santa 
Anna, who were sweeping over Texas like a simoon, they had aided our people, 
and given them succor; and this was the recompense. They were driven from 
their homes, and were left desolate. They were driven up among the Coman- 
ches. What was the consequence } Every Indian upon our borders, from the 
Red River to the Rio Grande, took the alarm. They learned that extermina- 
tion was the cry ; and hence it was that the flood of invasion came upon our 
frontiers, and drenched them with blood. The policy of extermination was pur- 
sued, and a massacre of sixteen chiefs at San Antonio, who came in amity for a 
treaty, took place. That was in 1840. Before this army was raised they had 
been in the habit of coming down for purposes of peace and commerce. But an 
army of Indians marched through the settlements to the seaboard, one hundred 
or one hundred and fifty miles, undetected, I grant you, avoiding the dense set- 
tlements, went to Linville, upon tide water, rifled the stores, and slaughtered 
the men, if there were any, the women treated with cruelty, and their children's 
brains were dashed against the walls of their peaceful habitations. The exter- 
minating policy brought it on. The country became involved in millions of 
debt, and the Indians in Texas were kept in constant irritation. 

That was in 1840; and it was not until the year 1843 that intercourse could 
be had with them through the medium of the pipe of peace, the wampum, and 
the evidences of friendship. Then, what I related the other day occurred, and 
kind relations were again brought about, which subsisted until 1849. For the 
last 3'ear there has not been the life of a citizen lost on our borders that may be 
attributed to the Indians. One old man and three children were found near 
Medina, and another man was found, not scalped, and we know not by whose 
hands he came to his death — whether he was killed by Indians or Mexicans. 
They have detected companies of felons there, whites and Mexicans, stealing 
horses, and running them through the wilderness to Red River. The forts, they 
knew, were there, and they could dodge them, and go within one mile, or 
twenty, or thirty, just as they please. They are perfectly harmless. 

The Indians have killed several soldiers — and why.? Whenever they get the 
chance they treat them like dogs. What did they do ? The agent made an 
agreement with the principal officer, for the Indians (to enable them to subsist), 
that they should have a certain amount of powder and lead ; and the sutler 
should be permitted to sell it. The commanding officer was absent. Perhaps 
the young lieutenant, or the junior— I hope the Senator will not ask for the 
name, for, indeed, I have forgotten it — was in command. The Indians came 
in, and asked the sutler for powder. He said, " No, you can not get one grain 
of powder or lead." " Why," say they, " our women and children are crying 
with hunger, and we want to go out and kill game and feed them ; we want the 
powder." " No, you can not get powder," says he. They then said, " If you 
drive us off, we will have to go and join the northern Comanches. We have 



448 Houston^ & Literary JReri tains. 

always been disposed to be friendly, but we can not stay and starve. We must 
go and join the stronger party." "Well," says the oflicer, "you may go." 
" But," say they, " if war comes on." The reply is, " War is my trade ; bring it 
on as soon as you please." They separated; and the agent had to send two 
hundred miles a friendly Dela*vare Indian, before he could overtake that band, 
and with difficulty he got them back. The agent had to traverse and ride seven 
hundred miles to effect the restoration of harmony. 

That is the way they manage. If these are the gentlemen that are to hold 
the lives and property, and the security of our citizens in charge, I want them to 
be men of some discretion, some wisdom, some little experience, not those who 
have just burst from the shell, or juveniles from the Military Academy, without 
ever having seen an Indian, and knowing nothing of their disposition. Send 
men of age and discretion, who have some sympathy for the whites, if they have 
no respect for the Indians. Then, sir, you may dispense with a great deal of the 
force which you now have, or ought to have, to make the army efficient. 

Now, you see the consequence of this wiping out of the Indians, and making 
them respect you. Whenever you attack them, you embody them ; for we are 
told by an agent, Mr. Vaughan, a gentleman of high respectability, as I under- 
stand, that the Indians are disposed to live in perfect amity with the United 
States ; and that they do not only say that they are disposed to be at peace, but 
that they report the hostility of other Inc'ians, and say that they will co-operate 
with the whites in giving them any information and aid that they possibly can ; 
and will assist them in a conflict with hostile Indians ; so that there is no danger 
to be apprehended. If you conciliate but one part, the others will not attempt 
to enter into hostilities. It is for the accomplishment of this that I desire to see 
the appliances of peace, not of war, used. Here, for instance, Mr. Vaughan 
says : 

" The Brulies from the Platte, the Ouh-Papas, Blackfeet, Sioux, a part of the 
Yanctonnais, Sans Arc, and Minecougan bands of the Missouri, openly bid de- 
fiance to the threats of the Government, and go so far as to say that they do not 
fear the result, should soldiers come to fight them." 

That is all hearsay. It is reported as hearsay, not as being authentic. 

" The rest of the tribes in this agency are disposed to do right, and many of 
them at once will unite in exterminating the above bands. Several of them 
have come voluntarily to me, and stated that, should a force be sent here to 
chastise these, they will hold themselves in readiness to give any information 
relative to their locality and movements in their power, and render any assist- 
ance that may be required of them." 

Well, now, when you can divide the Indians in this way and have one party, 
suppose you were to send two hundred men against hostiles, you could acquire 
an equal Indian force, so as to countervail them, and the whites would deter- 
mine at once the preponderance in favor of our Government. Mr. President, I 
assure you I can not agree to the proposition. Besides, the general objections 
which I have to the increase of the army as the policy of the Government, I will 
say that we have enough in the present force, if properly employed, with the ex- 
ception of the convoys necessary to the emigrant trains, and it would be very 
easy to digest a system for that purpose short of the contemplated three thou- 
sand trrops. 

Sir, I discovered furthermore that in the plan suggested the section of country 



Legislation for Indians Legitimate. 449 

from which I come is left entirely free from all the influences of its provision and 
all its benefits. My honorable colleague says that those who are in danger 
ought to feel for home. I say so too, but I am sure he has not looked into this, 
and exercised his accustomed sagacity, or he would perceive that Texas has not 
been mentioned in this provision ; but it relates to the emigrant routes of Cali- 
fornia. Texas is to be put out of the way. 

There is nothing central there — no preponderating political influence there. 
Texas is neglected. 

I made a proposition the other day, that if the troops are to be called out, and 
one-fourth of the money were given to our agent that would be annually ex- 
pended, I would stake my life upon the event that we should have perfect peace 
there ; and the influence of peace there would radiate to the Pacific. Justice 
will be done. Their wants will be supplied. We must remember, sir, there is 
a race of mortals wild, who rove the desert free. They owe no homage to the 
written rules which men have made ; owe no allegiance to the idle forms which 
art suggests ; but, proud of freedom in their native wilds, they need but compe- 
tency's aid to make them blest. Well, sir, feed them. You have it to do, or 
you have to kill them. Which is the most expensive, leaving out the humanity 
of the thing ? If you merely regard it as a matter of dollars and cents, you will 
find that to feed them is cheaper than to kill them, though you should not lose 
a human life, nor the labor or the exposure of the citizens, and suffer the casual- 
ties which would be brought upon them by a war. 

I go for conciliation ; and I come here, Mr. President, to legislate in part for 
Indians, but not to legislate for Indians to the exclusion of the whites. But the 
honorable Senator from Tennessee [Mr. Jones], for whose eloquence and high 
conceptions I have great respect — though I do not, in everything, coincide with 
him-^differs from me. I must be permitted to make a commentary upon a few 
sentences which appear in the remarks that he made the day before yesterday. 
He said : 

" I am not here to legislate for Indians. I am here to legislate for white folks 
and negroes, and not for Indians. I have no Indian constituency ; and I con- 
fess that I have no great sympathy for them. When I remember their barbari- 
ties in my own State, when I see there the graves made by their hands, this 
heart of mine has no warm, impulsive feeling for them. I would do them no 
wrong; I would give them all the protection which can be accorded to them ; 
but I would protect our own citizens against them. They should perpetrate no 
outrage upon our citizens if I could avert it." 

Mr. President, the Senator says he has no Indian constituency. I have none ; 
and moreover, Mr. President, I have no Buncombe constituency, either. 
[Laughter.] I have a very proud and exalted constituency. They are pretty 
much self-existent and independent. But, Mr. President, I come here to legis- 
late for Indians. I find them embraced within the pale of our Constitution. It 
points out the course for me to pursue in relation to them in my legislative 
action. The principles of our Government, independent of the express letter ot 
the Constitution, would suggest to me what course to pursue. They are here 
recognized by the action of this body in the ratification or rejection of treaties 
which have been made with them. I grant you it is a farce which has lost now 
even the solemnity of a farce, if it ever had any ; but still I come here to legis- 
late for the Indians. To tell you the truth, sir, it is always with great reluctance 
29 



450 HoustoTi's Literary Remains. 

that I see the subject of legislation for negroes introduced into the Senate. I 
do not think it a proper place for it. I have never recognized the right of the 
Senate to do it, and I never will ; and there I take issue with the honorable 
Senator in that particular. 

But, independent of that, the Indians are a people who are upon our bor- 
ders. We are brought in contact with them. We have taken their soil, 
their country. They have yielded to superior intelligence, and to the spirit 
of domination inherent in our race. They are a feeble race, yielding to the 
pressure of circumstances, and to the mastery of white men. But, sir, if 
they are inferior, and have fallen beneath our prowess, and they are pros- 
trate, let us raise them up; let us elevate them ; let us bring them to equal- 
ity with ourselves as to intelligence, for they are not inferior in native 
capacity, they are not inferior in the employment of mechanical arts. What 
did the Senator from California [Mr. Weller] say yesterday ? He stated 
that the wild Indian boys, who were taken in California, and put to agricult- 
ural pursuits, learned with the same readiness that the white boys did, to 
plow, and the arts of agriculture, so far as they had been tried. It was 
manly testimony, and it commends the gentleman and his experience to 
consideration. He tells you, too, that a few years ago, there were not less 
than ten thousand Indians in four counties, who have now dissolved and 
melted away, until but a fraction over three thousand remain. With the 
vast number that are still there, perhaps the proportion of diminution will 
soon be as great. We ought to look with some degree of commiseration 
upon these people. It is not the duty of every gentleman to feel sympathy 
for them, but he should feel a manly respect for himself ; he should feel for 
humanity in any shape, for a merciful man will be m.erciful to his beast. 
They are degraded and sunk by their contact with the white man. They 
have, unfortunately, first to learn his vices, and, by degrees, to glean his vir- 
tues. But yet we see, under these influences, nations rise, become respect- 
able, intelligent, scientific, and not only scientific, or learned, but we find 
them with their judicial department, their political department, their admin- 
istrative department, and their Christian department. You find, in the last 
twenty years, not less than seventy ministers of the Gospel have grown up 
among the Creeks, the last to raise a hostile arm against the United States. 
Why not produce the same result with other tribes ? My distinguished 
friend from Michigan [Mr. Cass] well knows that the Indian is susceptible, 
not only of improvement, rapid improvement, proportioned to the facilities 
afforded to him, but that he has as high and generous impulses as ever 
swayed the human heart, or quickened life's vital current ; and who, when 
their friendship is plighted, would give their life to redeem you from an 
adversary's blow. Yet these men are not worth legislating for ! Were 
their existence to terminate, and not to go beyond this earthly sphere, were 
there no eternity to receive the undying spirit of an Indian, humanity would 
bid us do justice to the red men. But they have an undying spirit, and if 
you inflict wrongs upon them and they are unredressed, the accountability 
is beyond human power to tell ;| but the honor of this nation demands the 
maintenance of good faith towara^hem. Have we heard that any efforts \ 
have been made to redress the wrongs recently inflicted on the Delawares ? ^ 
No, sir, we have not heard that the military there have interposed and 



The Black Hawk and Florida Wars not Analogous. 451 

driven the offenders from their land. It is not neutral territory ; it is their 
property ; and the United States is pledged, by treaty, and by honor, to 
protect them in its possession. They have delegated a trust to the United 
States to sell this land if they dispose of it for their benefit ; but they have 
not given it to the aggressor. Will the Government permit the wrongs to 
go unredressed.? Where is the military authority there, that they do not 
expel the aggressors, in obedience to the intercourse law — persons who are 
there without permission ? Sir, the nation's honor grovels in the dust, its 
ermine is soiled, its glories are clouded. 

Mr. President, I am reluctant to detain the Senate ; but I must take the 
liberty of making a suggestion, and it may be regarded in the character of 
prophecy or fancy, as may be most convenient and acceptable. Raise the 
three thousand troops, make a general war with the Indians, and it will 
take five years to terminate it. It will become a focus of excitement. It 
will virtually arrest emigration to California and to Oregon. It will cost 
you fifty millions of dollars, and you then will have to approach these In- 
dians through the medium of pacification. Send your wise men, three com- 
missioners, if you please, and send two or three hundred men, as discreet 
men might designate, and you will make peace with every man in the 
course of nine months, and give perfect security to your emigrant trains. 
You will not hear of bloodshed, unless it results from a spirit of retaliation 
provoked by the whites. This being done, you would have the blessed re- 
flection that you have saved the effusion of human blood. The women and 
children of the Indians will be preserved. But if you call the attention of 
the warriors to war and battle, and to marauding, by way of retaliation, 
upon your trains, starvation will ensue for want of the means of subsistence. 
Mark these words ; pacific force will give peace and save millions of money; 
a hostile force will expend millions, waste human life and dishonor the 
nation. 

After some remarks by Mr. Dodge, of Iowa, and Mr. Mallory, 

Mr. Houston said : Mr. President, I hardly know what to say in reply 
to the honorable Senator from Iowa, for I hardly know what to think of his 
speech. [Laughter.] If I were to characterize his remarks in any w^ay, I 
should say that they were, at least, very remarkable. In the first place, let 
me say to that honorable Senator, and to the honorable Senator from Flor- 
ida, that they were talking about things of which I knew very little, for I 
was not in the United States when the occurrences to which they alluded 
took place, and I was not, therefore, familiar with the history of those wars. 
If I am not mistaken, however, it was an outrage of a very delicate charac- 
ter which brought on the Florida war. 

Mr. Mallory. That is a mistake, sir. 

Mr. Houston. Well, sir, that was the report which was brought to Texas. 
Whether it was true or not, I do not know ; but that was the information 
which I received from people from that section of the country. As for the 
Black Hawk war, I know little or nothing about it ; for in Texas, at that 
time, we had no mail communications with the United States, and we got 
but few papers from the States, so that I remained uninformed in relation 
to those matters ; but no doubt they were very exciting. The Senator from 
Iowa said the Black Hawk war was brought on by a council of the nation ; 



ts / 



452 Houston's Literary Remains. 

but I have heard that an examination of the circumstances will show that 
the first outrage was committed by an individual, not by the concurrence 
of the nation, though they afterward became involved in the general war. 
In that statement, I believe, I am sustained by the history of the times. I 
have already stated that occasions occur where outlaws among the Indians 
commit acts of aggression on the whites, and the whites immediately retal- 
iate on the Indian nations, and those nations, in self-defense, become in- 
volved in war ; but 1 never knew a case where a treaty, which was made and 
carried out in good faith by the Government, was violated by the Indians. 
In Florida the Indians complained that they had been deceived in the 
treatv, and that the boundaries assigned were not as they understood them ; 
and they killed their own chiefs. It was charged that some of the agents 
were involved in speculations to a great extent, dependent on the treaty. I 
recollect it was so stated at the time. 

I think, sir, the Senator's speech was of a remarkable character in relation 
to politics and other matters, which I am sorry that he has introduced. 
He has undertaken to admonish me, and for this admonition I am much 
obliged to him. His experience, his superior opportunities, may entitle 
him, in the opinion of others, to the right of admonishing me ; and I am 
perfectly willing, on that point, to yield my own opinion to what may be 
the general impression of the body. I did not provoke his remarks by any 
allusion to any one, predicated upon my own disposition to arraign the con- 
duct of others ; nor have I asserted anything in regard to the officers of the 
army, but what are matters of fact taken from the official documents. When 
I made suggestions of a speculative character, I gave them as such. 

But, Mr. President, the Senator from Iowa has said that he would not 
have been astonished if the rankest Abolitionist had made such a speech, 
and had avowed such sentiments as I did. He says that, if a man in West- 
ern New York had presented such views he would not have been surprised. 
Now, I wish to know what connection my remarks had with Abolition } 
What connection had they with any one in Western New York ? In what 
respect have I catered to any prejudice or morbid sensibility } I have stood 
here alone in this body, against a powerful array of talent and influence, 
contending for what I conceived to be a great principle, and which must 
obtain or the Indian race be exterm.inated. In regard to that principle, I 
have the concurrence of the Senator from Tennessee [Mr. Bell], who was 
once Secretary of War, and as such had control of the Indian department, 
and who has, since that period, been a prominent member of the Commit- 
tee on Indian Affairs of the Senate. I believe that my opinions are also 
concurred in by the Senator from Arkansas [Mr. Sebastian], who is the head 
of the Committee on Indian Affairs. I can inform the Senator from Iowa 
that I will sustain him to the extent of my humble abilities in any measure 
he may introduce iu favor of the Indians, and for the establishment of a 
policy which will ultimately benefit them and reflect credit upon the Gov- 
ernment of the United States. 

I have not been regardless of what I considered the honor of the United 
States, and the interest of the Indians. In no instance have I been remiss 
in these particulars. I could not cater to any passion or prejudice on this 
subject, because I know of no societies in the North, or in the South, or in 



Charge of Catering to '■'■ Know-NotJiingHr 453 

any section of this Union, for the advancement of the civilization of the In- 
dians. If sucla societies exist, I am not in correspondence with them, nor 
am I aware of the existence of any such associations. Then, for what ulte- 
rior purposes could I advocate the rights of the Indians, or invoke the jus- 
tice of this Government toward them ? Could it be any expectation of 
political benefits } None upon earth. I presume the Abolitionists are per- 
fectly absorbed in the subject of Abolition. For myself, I would rather see 
them turn their attention to the amelioration of the condition of the Indians 
on our western wilds, or to the reclamation of those whom they hold in slav- 
ery. There are not less than two thousand prisoners in the hands of the 
Comanches ; four hundred in one band, in my own State. The prisoners 
can be reclaimed from those Indians, who are coming down to settle upon 
their reservations. They take no prisoners but women and boys. The 
boys they treat with a degree of barbarity unprecedented ; and their cruel- 
ties toward the females are nameless and atrocious. Our Government is 
silent in relation to them. Has humanity no claims upon us in this respect ? 
Has justice no demand unanswered "i Sir, we have not seen the facts to 
which I have just alluded impressed on a page of our official communica- 
tions from the War Department. The officers stationed near the places 
where those transactions have taken place have not reported them. No 
effort has been made to obtain appropriations for the reclamation and re- 
demption of those prisoners. This is a subject which calls aloud for the 
humane influence of the Senator. There is no "sickly sentimentality" in 
this, but a manly upheaving of soul, that, in commiseration of suffering hu- 
manity, demands that the Government shall rescue them from the most 
cruel and unrelenting bondage. 

I have been accused of catering to a morbid "sickly sentimentality." 
Sir, I never yielded anything of my own conscientious convictions to con- 
sult the opinions of others. I never stooped to solicit office ; but I have 
received and accepted it to my own disadvantage. I might have hated the 
Indians, if I had a soul no bigger than a shell-bark. [Laughter.] 

In my boyish days, before manhood had hardened my thews and muscles, 
I received balls and arrows in this body, in defense of suffering humanity, 
particularly women and children, against the Indians ; and I aided in re- 
claiming the brightest spot of the South — Alabama. When I remember 
that, in those early days, I assisted in rescuing females and children from 
the relentless tomahawk and scalping-knife, it seems to me that the charge 
that I have stooped to court favor by the expression of my sentiments on 
this question, is one which falls harmless at my feet. 

I hardly know what to think of the gentleman's remarks as to catering 
for the presidency. I hardly know what to say about the extraneous sub- 
jects which he has introduced. I suppose the shortest v/ay of naming what 
he intended to allude to, is by the term " Know-Nothing." Now, of the 
Know-Nothings I know nothing [laughter] ; and of them I care nothing. 
But if the principles which I see charged to them in many instances are the 
principles which they seek to carry out, I can say to gentlemen that I con- 
cur in many of them. If their object is to resist the encroachments of one 
religion or sect upon another, I am with them. I say, resist all such en- 
croachments, and leave all religion uncontaminated by the perversion of 



454 Houston's Literary Remains. 

power that might accidentally result in proscription and the inquisition. 
" I'll none of it"; I am opposed to and would prevent such a result. 

I admit that we are all descended from foreigners, because, originally, 
there were no natives here who were white men. Many of those foreigners 
who originally came here were baptized in the blood of the Revolution ; but 
they were not such men as are now coming to our shores, and should not be 
named in connection with those who are spewed loathingly from the prisons 
of England, and from the pauper houses of Europe. Such men are not to 
be compared to our ancestry, or to the immigration which, until recently, 
has come to our shores from foreign countries. If the object of those to 
whom the Senator from Iowa has referred, be to prevent men of infamous 
character and paupers from coming here, I agree with them. I would say, 
establish a law requiring every person from abroad, before being received 
here, to bring an indorsement from one of our consuls abroad, and produce 
evidence of good character from the place whence he emigrates, so that, 
when he comes here, we may receive him into full communion with all the 
rights guaranteed to him by the laws which may exist at the time of his im- 
migration. But, sir, to say that a felon, who left his prison the day he sailed 
for this country, or, perhaps, was brought in chains to the vessel which bore 
him here, is, in five years, to stand an equal with the proudest man who 
walks on our soil, the man who has shed his blood to consecrate liberty and 
his country, is not the kind of arrangement that I go for. 

Mr. Mallory. Will the Senator from Texas allow me to ask him one 
question ? 

Mr. Houston. With pleasure. 

Mr. Mallory. As the subject of Know-Nothingism, as it is called, has 
been brought here 

Mr. Houston. I have not introduced it, and I am not going to com- 
ment on it. 

Mr. Mallory. Precisely so ; the Senator has not introduced the sub- 
ject, and perhaps he is not responsible for its introduction ; but he is under- 
taking to say what he himself thinks upon it. Now, as he is speaking on 
the subject, I should like to understand distinctly whether he approves or 
does not approve of so much of the creed attributed to the Know-Nothings 
as would make those who profess the Roman Catholic religion ineligible 
to office ? 

Mr. Houston. I would vote for no such law. 

Mr. Mallory. I asked the gentleman whether he approved that or not 
— not whether he would vote for it. 

Mr. Houston. No, sir; I could not approve of such a law. But the 
proscription which is charged on those to whom allusion has been made, is 
no more than formerly existed between Whigs and Democrats. When 
party discipline was kept up, if a Whig voted for a Democratic candidate 
he was ruled out of his party and branded as a deserter ; and if a Democrat 
voted for a Whig he was disowned by his party. That species of political 
proscription will exist everywhere, according to the notions of people. 1 
do not set up my opinion as the doctrine by which others are to be gov- 
erned. I am governed by my own principles, and my own sentiments, and 
I have a right to vindicate them, and I am responsible for them to the 



MisappvehensionH of Iowa Senator. 455 

world. When the Senator from Iowa supposes that I would cater for the 
Presidency of the United States, he does me great injustice. I would not 
cater for any office beneath Heaven. But, sir, I know one thing: if it were 
to be forced upon me, I should make a great many changes in some small 
matters. [Laughter.] 

Mr. President, I am very sorry that my young friend from Iowa, for whom 
I entertain so much respect, should have acted as he has done. He cer- 
tainly has gone beyond anything that I had imagined. He supposes that 
my object in addressing the Senate on this Indian subject was to connect it 
with the Nebraska and Kansas bill. I have not thought of that bill except 
that I alluded to the manner in which it was passed yesterday evening, when 
the Senate refused, rather discourteously, as I thought, to adjourn to en- 
able a Senator to speak ; but I now take back what I then said, for the Sen- 
ate did afterward adjourn. I alluded then to the manner in which the 
passage of the Nebraska bill was effected, but I have not thought of it in 
the speeches which I have made upon our Indian relations. I have sought 
to let it go by and rest in peace. I have not been anxious to renew the con- 
troversy in regard to it. If it is for good, I hope good will result from it; 
if for evil, 1 hope the least possible evil will be the result. I have nothing 
to do with that now, and I shall not allude to it further. 

The Senator from Iowa says that I have attacked the Indian agents and 
the officers of the army. I have not reflected upon a single agent of this 
Government. If I think honestly that a measure recommended by the Ad- 
ministration is impolitic, unwise, and unproductive of good to the country, 
I have the undoubted right to oppose it in argument, and to vote against 
it. That is a privilege which pertains to me as a Sentitor from one of the 
States of this Union. I have a right to exercise that privilege. It arro- 
gates nothing to myself, and, therefore, I shall exercise it. It is not, how- 
ever, to be supposed, because I vote against this measure, that I am opposed 
to the Administration, or find fault with its every act. If the gentleman had 
reflected, he would have come to the conclusion that the Administration 
has done so many good acts that I can not particularize them ; and because 
I do not concur in this measure, it is not condemnatory of the general 
course of the Administration. All I have to do, at present, is with this 
measure. 

The Senator from Iowa misapprehended me in another respect; and that 
was, in supposing that I was opposed to raising even five hundred men. I 
say, raise that number ; raise men enough to go as convoys or guards to the 
emigrating parties ; and, besides that, send out commissioners who are wise 
and discreet men — such as were taken to explore the promised land of Ca- 
naan in olden times. Let them go and bring reports of the feelings of the 
Indians, and see whether good fruits will not result. Let them go there 
and make treaties with the Indians. Let them take two hundred, or three 
hundred, or five hundred men with them. If I were going I should not 
take more than three hundred. Indeed, I believe one hundred would be 
sufficient to meet the Comanches. One hundred Americans, with Sharp's 
rifles, would subdue the whole of them, if they could get the Indians to 
come to them. There is the difficulty. You know there is an old adage 
about catching birds. Nurses tell children to put a little salt upon their 




456 Iloust(m\s Literary Remains. 

tails, and you have them. [Laughter.] You can not catch these fellows in 
that way. You can not get near enough to them ; and there is the difficulty. 
But, sir, in order to sustain what I said in relation to officers of the 
army, I wish to read an extract from the last official report of the Commis- 
siiijier of Indian Affairs to the Secretary of the Interior : 

" As heretofore reported to you, an association of persons has undertaken 
to appropriate to their own use a portion of the land ceded by the Dela- 
wares, fronting on the Missouri River, and south of Fort Leavenworth ; 
have laid out a city thereon, and actually had a public sale of the lots of the 
same on the 9th and loth of October last. These unlawful proceedings 
have not only taken place under the eyes of the military officers stationed 
at the fort, but two of them are said to be members of the association, and 
have been active agents in this discreditable business. Encouraged by these 
proceedings, and prompted by those engaged in them, other persons have 
gone on other portions of the tract ceded by the Delawares in trust to the 
United States, and pretend to have made, and are now making, such ' claims ' 
as they assert will vest in them the lawful right to enter the land at the 
minimum price under the preemption law of July 22, 1854." 

There is the authority from which I drew my conclusions in relation to 
the conduct of those officers. I have not branded them with any oppro- 
brious terms. If they are innocent, what I said can not injure them ; if they 
are guilty, there is no condemnation too deep for them. 

Mr. Dodge, of Iowa. I hope the Senator from Texas will name the per- 
sons who have been guilty of the conduct to which he has alluded. 

Mr. Houston. I have given the quotation from the official documents. 
I will tell the Senator the reasons why I referred to that transaction. In 
the first place, it was to demonstrate the fact that aggressions are committed 
upon the Indians ; and is not this calculated to dissolve the bands of peace, 
and bring on war } In the next place, this country is under the control of 
the military ; and why have they not restrained those people from such an 
outrage .'' 



SPEECH FAVORING A MEXICAN PROTECTORATE. 

Delivered in the Senate of. the United States, April 20, 1858. 

Mr. Houston. I move to take up the resolution I had the honor to submit 
some weeks since on the subject of a protectorate over Mexico and Central 
America; and I believe it is in order to offer some remarks on that motion. 

Mr. Hunter. I must say, in regard to that motion, that I shall have no ob- 
jection to it, provided it will not supersede the consideration of the special order. 
When is the hour for its consideration ? 

The President pro tempore. At one o'clock. 

Mr. Hunter. Then I will say that of course I do not object to taking up 
the resolution, if at one o'clock we shall proceed with the special order. 

Mr. GwiN. I thought the deficiency bill was the special order for twelve and 
a half o'clock. 



Protectorate over Mexico Legitimate. 457 

The President pro tempore. The special order was fixed for half-past 
twelve o'clock yesterday ; but it is for one o'clock to-day. 

Mr. Houston. I hope I may be allowed to conclude my remarks ; they are 
limited. 

Mr. Hunter. The Senator from Texas tells me that he will not occupy 
more than an hour, and as I am anxious to go on with the deficiency bill, per- 
haps it would be better that he should commence now. It will only postpone 
the consideration of that bill for half an hour. I hope the Senate will consent 
to let him take up his resolution. 

Mr. Houston. I move to take up the resolution for the purpose of offering 
a substitute, and proposing that it be referred to a special committee to consist 
of seven. 1 do not suppose that will lead to any argument whatever. I wish 
to offer some views explanatory of the object of the resolution. 

The motion was agreed to ; and the Senate proceeded to consider the resolu- 
tion submitted by Mr. Houston in regard to establishing a protectorate over 
Mexico and other Central American States. 

Mr. Houston. Mr. President, it will be recollected that a few weeks ago I 
offered a resolution to instruct the Committee on Foreign Relations to inquire 
into the expediency of establishing a protectorate over Mexico and the Central 
American States by this Government. That resolution, without being amply 
discussed, was laid upon the table. I have risen for the purpose of proposing a 
substitute for it, by which the inquiry shall be confined to Mexico, and submitted 
to a select committee. 

It is, perhaps, nothing more than respectful to Great Britain, inasmuch as we 
have been negotiating with her for several years in relation to Honduras and 
the Mosquito shore, that the differences between the two countries should be 
amicably adjusted, if possible, before we proceed to intervene for the regulation 
of the affairs of the five puny States beyond Mexico, Moreover, the condition 
of most of those States, bad as it is, is incalculably better than that of our poor, 
distracted, adjoining neighbor. Their public demoralization, too, affects us less 
injuriously. 

The State, sir, which I have enjoyed the honor of representing in this 
chamber, in part, with my lost but unforgotten colleague, since the emblem of 
her national independence took its place among the galaxy of stars which is un- 
furled over our heads, has a paramount interest in the establishment of orderly 
government in Mexico. It is as essential to her public morality and general pros- 
perity as is that of any one State in the Union to another. The line of partition 
between the United States and Mexico stretches nearly two thousand miles — 
one thousand of which is Texan. Along a considerable portion of that line, on 
our side, savages abound, over whose propensities for the commission of crime 
on the inhabitants on the other side we can exercise, although obligated by 
solemn treaty stipulations to do so, no effectual restraint. On account of the 
depredations incessantly perpetrated by the Comanches and other tribes upon 
the Mexicans, the border population is steadily receding into the interior ; and 
instead of progressive civilization, the chances multiply, from day to day, that 
the country will be turned over to barbarism — to the savages now within our 
own limits. Mexico can not prevent it, because she is never free from civil war 
or other intestine commotions; and we can not, at any cost, short of hermeti- 
cally sealing our frontier. Thus good neighborhood on either part, as matters 



458 Houstoii's Literary Jiemains. 

at present stand, is next to an impossibility. The one can not repel, and the 
other can not pursue. The wild Indian in his forest wanderings has no respect 
for, if he even had a knowledtje of, the lines which separate civilized nations. 
He roams wherever his untutored mind points the way, making in his strides the 
powerless — whether the white or the red man — his victim. Different, vastly 
different, is the condition of the neighborhood on our northern frontier. The 
inhabitants of the British Provinces are so assimilated in character and identi- 
fied in interests with the inhabitants of the Northern States that they are as 
much the same as if they constituted one people. Practically there is nothing 
but a political line of division between them. The Marcy-Elgin treaty cemented 
their intercourse, and commercially annexed the Canadas and other adjacent 
possessions of Queen Victoria to those States. We gave to the colonies every- 
thing that they asked — everything that they could have desired. 

The Senator from New York told us the other day, in substance, that the 
North was mighty, and that it would speedily become still mightier. In the 
majesty of its powder it may, at no distant day, bring those colonies into the 
Union, and particularly if they should become dissatisfied with the rule of the 
mother country. Nor can it be pleaded that they ai-e not prepared for ad- 
mission. Every day that passes — such is the frequency of their communication 
with the citizens of Michigan, New York, and New England — they receive 
practical lessons in the science of self-government, adopting of course the 
tenets of anti-slavery. Their number does not greatly exceed a third of that of 
Mexico, and yet they probably contribute ten times as much to the prosperity of 
the North as Mexico does to the prosperity of the South. I do not mention 
this in the language of sectional complaint, but in justification of the measure I 
propose. 

The notion, sir, that Mexico will ever help herself out of the extremities to 
which she has been so deplorably reduced, is too absurd to be entertained by a 
rational mind. The more she struggles, ostensibly for the bettering of her con- 
dition, the more anarchical she becomes. To bring such a population as hers 
into the Union would be to assume the gravest of responsibilities. To suffer 
her to be parceled out by filibusters — each chief perhaps a despot — would be 
to fraternize with every desperate adventurer in our own land, and to invite to 
our continent all the wild, vicious spirits of the other hemisphere. Nor could 
we consent, without palpable dishonor, to see her placed in the leading-strings 
of any European Power, even were there a disposition manifested to so place 
her. We have, then, no alternative, if we put the slightest value upon our in- 
terests, and are not disposed to disregard our duty, but to arrange plans imme- 
diately for ruling her wisely, and, as far as possible, gently. 

In the consunimation of great measures we are apt to be — perhaps a little too 
apt — a closely cost-calculating people. In the matter of the proposed protecto- 
rate of Mexico, one of the first questions which is likely to suggest itself to our 
countrymen is that relating to the expenditure it will involve. Happily, this can 
be readily and satisfactorily answered. 

The protectorate must be self-protecting — the expense incident to it defrayed 
by the protected. The General Government of Mexico could probably be ad- 
ministered, taking a term of ten years, for $6,000,000 ; while her custom receipts, 
under a well-regulated and honestly administered revenue tariff, would double 
that amount. 



The Means and Benefits of Protectorate. 459 

Our Gulf and Pacific squadrons would be ample for the protection of her 
commerce in those quarters, and without subjecting us to additional outlays, 
f'ive thousand reliable regular troops, properly garrisoned and distributed, 
would insure the establishment and preservation of internal order; and the 
adoption of a good police system would eventuate in bringing to justice, and 
effectually subduing, the rapacious and blood-thirst;y bandits who infest her 
highways. Hence it is clear that we have it in our power to improve the con- 
dition of Mexico immeasurably; to breathe the breath of new life into her 
nostrils ; and without incurring the risk of a dollar. What a salutary change 
would this be, not only for both countries, but for the world at large ! 

Faithless to her engagements, Mexico has been for a long time but a little 
better than a national outlaw. She is powerful for the commission of wrongs, 
but powerless for their redress. Our Department of State is the repository for 
the grievances of our citizens by her high-handed deeds ; but nothing more than 
a repository, since the securing of indemnities for outrages has become a some- 
what obsolete idea. Those grievances are doubtless magnified in a pecuniaiy 
point of view, as grievances ever are where a government is responsible ; but 
still there should be an authority in Mexico with which they may be adjusted 
and provided for, as ascertained to be valid. The claimants might select one 
commissioner for their examination, Mexico another; and, in case of disagree- 
ment, the two an umpire. So with the inhabitants of other countries, who have 
experienced wrongs at her hands which have not been redressed. With respect 
to her funded debt, it amounts to about fifty-five million dollars, and is chiefly 
owned in England and on the Continent. It was consolidated in 1846, by a 
convention between the Government of Mexico and a committee of the bond- 
holders, by which it was to bear five per cent, coupon interest. The war in 
which Mexico became involved with the United States so enfeebled her that she 
was unable to provide the interest, or a single dividend of it, until some time 
along in 1850, when she sent a commissioner to London to represent the state 
of her finances, and to make a new proposal to her creditors. This proposal 
was to the end that she would pay out of the California indemnity money the 
interest in arrears, and pledge one-fourth of the custom-house receipts on im- 
ports as well as exports for the payment of the future interest of the debt, pro- 
vided the bondholders would agree to diminish the rate of interest from five to 
three per cent. To this, after some hesitation, they consented. Since then, 
such is the faithlessness with which she has acted, and such the subterfuges that 
she has had to resort to in order to sustain her sickly existence, that she has ap- 
propriated to herself nearly all the customs dues received ; having remitted only 
a sufficient amount to pay four of the semi-annual three per cent, interest divi- 
dends which have since matured. With this arrangement, to which Mexico is 
bound, we could not interfere, as her protector, unless with the assent of the 
bondholders. It might, however, probably be modified to their own and her 
advantage. The assumption of it by this Government, as a consequence of the 
protectorate, is too idle a supposition to be entertained. Great Britain could not 
expect more from us in the premises than to see that the portion of the revenue 
from the customs stipulated for was regularly placed at the disposal of those 
bondholders when collected. This would in ail likelihood defray the interest as 
it accrued, besides creating a sinking fund for the absorption, in a few years, ol 
the principal, and thus extricate the hand of our unfortunate neighbor from the 



400 HoustorHs Literary Remains. 

lion's mouth. England, as I shall presently show, would be well enough pleased 
to have it so extricated. 

Mr. President, I have looked, but looked in vain, in both wings of this Capi- 
tol, for a fellow-member who was a fellow-member with me when the celebrated 
Monroe doctrine was announced. Of the two hundred and sixty-one Senators 
and Representatives who constituted the Congress which commenced its ses- 
sion on the first Monday of December, 1823, I stand here alone, and I will not 
disguise it, as one who regards himself as among the last of his race — as one 
who feels that he is approaching his journey's end on life's pilgrimage, and who 
has now no other ambition to gratify than to " render the State some service." 
All those worthy spirits, alas ! have, one by one, quitted earth, with the excep- 
tion of President Buchanan, ex-President Van Buren, ex-Senator Branch, ex- 
Senator Rives, Governor Letcher, and Governor Wickliffe of Kentucky, Gov- 
ernor Johnson of Virginia, General Mercer, General Campbell of South Caro- 
lina, Mr. Saunders of North Carolina, Mr. Stuart of Pennsylvania, Mr. Blair of 
Tennessee, and possibly two or three others. To say nothing of the distin- 
guished merits of the survivors, in that great Congress might have been seen, 
in the full meridian of strong intellect, the Jacksons and Clays, the Websters 
and Randolphs, th2 Macons and Forsyths, the Bentons and Livingstons, the 
Barbours and Johnsons, the McLanes and McDuffies, the Kings and Smiths, 
the Taylors and Hamiltons, the Floyds and Holmeses, the Ruggleses and Bart- 
letts. It was to such men, chosen alike for their wisdom and integrity, repre- 
senting twenty-four sovereign States and thirteen millions of inhabitants, that 
Mr. Monroe (counseled by a Cabinet composed of John Quincy Adams, William 
H. Crawford, John C. Calhoun, Samuel L. Southard, Williatn Wirt, and John 
McLean) addressed himself in such confident and resolute language with refer- 
ence to the ulterior purposes of this country. I shall never cease to remember 
the exultant delight with which his noble sentiments were hailed. They met 
not only with a cordial, but an enthusiastic reception both in and out of Con- 
gress. They were approved with as much unanimity as if the entire population 
of the Union had been previously prepared to re-echo their utterance. At that 
glorious epoch there was a broad, towering spirit of nationality extant. The 
States stood in the endearing relation to each other of one for all, and all for 
one. The Constitution was their political text-book, the glory of the Republic 
their resolute aim. Practically, there was but one party, and that party animated 
by but one object — our upward and onward career. As if in atonement for the 
wrong inflicted upon the country by the angry Missouri controversy, which was 
then fresh in every mind, there seemed to be no circumscription to that genuine 
patriotism which everywhere within our embraces displayed it/?elf. May we not 
trust, Mr. President, that a similar result will ensue from the still more angry 
Kansas controversy, and that the benign influences of such results will be as 
durable as creation ? This will assuredly be the case if the only question asked 
within this Capitol when an embryo State asks for admission into the Union is : 
Does her constitution conform to the na'.ional requirement — " a republican 
forjn of government " ? We have cheapened ourselves immensely in the 
world's esteem, and, I fear, polluted our system of government, in our extrava- 
gant disbursements, which have been overlooked in the profitless strife which 
had its emanation in the hostility to the institution of negro slavery. Let each 
new State, hereafter, come slave or free, as she chooses, and we shall henceforth 



Histoj^y of ^^ Monroe Doctrine^ 461 

have peace, the peace of union as contemplated by the authors and founders of 
our Republic. We have grander ends to attain than the frittering away of a 
healthful existence upon such loathsome, ignoble subjects. Our aspirations 
should be to spread our heaven-inspired principles, by our lofty public bearing, 
on to the most remote and benighted regions ; proudly, in the rectitude of our 
intentions, taking our place at the very head of the nations of the earth. It is 
for us, if we are equal to our mission, to realize for America the poet's vision of 
the future of England : 

" Wherever the bright sun of heaven shall shine, 
Her honor and the greatness of her name 
Shall be and make new nations ; she shall flourish, 
And, like a mountain cedar, reach her branches 
To all the plains about her." 

But, sir, to return to the Monroe doctrine. In their notice of the message at 
the time it was promulgated, the then as now calm, observing editors of the 
National Intelligencer remarked : 

" It does honor to its author, and the most material parts are conceived in 
the true spirit of the days in which he first engaged in the scenes of public life." 

Sir, that doctrine is, perhaps, quite familiar to every member of this Senate ; 
but such has been myunrelaxing pride in it for nearly thirty-five years, increased, 
if possible, by the fact that I am the only person entitled to a seat in this build- 
ing to whom it was addressed, that I can not refrain from its perusal, nor from 
narrating its history and explaining its purpose. 

Our relations at that time were not in a satisfactory condition with the Em- 
peror of all the Russias — the differences having grown out of a claim of that 
autocrat to a portion of this continent — and in this connection Mr. Monroe 
made the emphatic declaration : 

" In the discussions to which this interest has given rise, and in the arrange- 
ments in which they may terminate, the occasion has been judged proper for 
asserting as a principle, in which the rights and interests of the United States 
are involved, that the American continents, by the free and independent condi- 
tion which they have assumed and maintain, are henceforth not to be considered 
as subjects for future colonization by any European Power." 

Subsequently he reviewed the political condition of the two hemispheres, and 
referring to the desire of the Holy Alliance to re-establish Spain in her late 
American possessions, he fearlessly stated that — 

" We owe it, therefore, to candor, and to the amicable relations existing be- 
tween the United States and those Powers, to declare that we should consider 
any attempt on their parts to extend their system to any portion of this hemi- 
sphere as dangerous to our peace and safety. With the existing colonies or de- 
pendencies of any European Power we have not interfered, and shall not inter- 
fere. But with the Governments who have declared their independence and 
maintained it, and whose independence we have, on great consideration and on 
just principles, acknowledged, we could not view any interposition for the pur- 
pose of oppressmg them, or controlling in any other manner their destiny, by 
any European Power, in any other light than as the manifestation of an un- 
friendly disposition towards the United States." 



462 Honstoii's Literary Remains. 

"It is impossible that the AlHed Powers should extend their political system 
to any portion of either continent [American] without endangering our peace 
and happiness; nor can any one believe that our Southern brethren, if left to 
themselves, would adopt it of their own accord. It is equally impossible, there- 
fore, that we should behold such interposition, in any form, with indifference." 

Shortly after the settlement of Europe by the Congress of Vienna, the 
more despotic continental Governments suddenly became seriously troubled 
on account of the liberal sentiments which strikingly manifested themselves 
in Spain and elsewhere. The Holy Alliance, in its conferences at Troppau and 
Laybach, declared eternal hostility to all popular institutions, announcing its pur- 
pose to " repress republican opinions wherever they might be found, and to ex- 
tinguish the feelings that prompted them." To use its avowed language : 

" To preserve what is legally established was, as it ought to be, the invariable 
principle of their policy. Useful or necessary changes in legislation, and in the 
administration of States, ought only to emanate from the free will and the intel- 
ligent and well-weighed conviction of those whom God has rendered resp07isible 
for power." 

The Czar of Russia had promised Ferdinand of Spain that if he would over- 
throw the constitution of that kingdom he would assist him, not only in fortify- 
ing his throne, but also in re-establishing his authority over the revolting 
Spanish-American provinces. To this proposition England dissented, in terms 
so decided as to cause its relinquishment — an occurrence not displeasing to Aus- 
tria, as she was averse to the marching of a large Russian army across her 
bosom in the direction of the Pyrenees. But France, acting in the interest of 
the Holy Alliance, and probably with a view to selfish ulterior objects, deter- 
mined to intervene in the affairs of Spain, and — under the alleged excuse to Eng- 
land that she wished to prevent the yellow fever, which was prevailing in Portu- 
gal, from entering her limits — she established an army in the confines of the 
Spanish realm, which she designated a " cordon sam'f aire." The disappearance 
of the disease, however, from the peninsula, did not lead to its withdrawal, and 
subsequently she bestowed upon it the title of the " army of observation." But 
it was not long — in the summer of 1823 — until she marched it over her boun- 
dary and undertook to control Spain. When, in 1808, Napoleon attempted to 
place the crown of that realm durably upon the head of his brother Joseph, he 
unquestionably contemplated the acquisition by his house of all the distant pos- 
sessions. This idea might not have been the actuating one in the armed occu- 
pation of Spain by France ; but it is certain that she regarded those possessions 
as a prize worth securing, if they could be obtained at a reasonable, or, indeed, 
an extravagant cost. She saw distinctly that they were as good as lost to the 
mother country, which was in a deplorable moral, financial, commercial, and 
physical condition. Mr. Canning, as Premier, made unceasing efforts to influ- 
ence France to recall her army from Spain, but they were disregarded. This en- 
lightened British statesman boldly arrayed his Government against the principles 
of the Holy Alliance, and lost no suitable occasion to publicly proclaim the sen- 
timents by which the British were animated — sentiments which were warmly 
responded to at home, and by the larger portion of the continental public. They 
were simply these, and, from their very nature, in violent antagonism with those 
entertained by the stipendiaries of the crowned head contrivers of the Congress 



. The British Minister its Insplrer. 463 

of Verona : The people the origin of all po^uer, the object of all governments 
the good of the governed. 

Nor were suitable opportunities left unavailed of by the Premier for strength- 
ening and cementing the ties of friendship between his own and this country. 
In a speech which he delivered to his townsmen of Liverpool, on the 25th of 
August, 1823, at a banquet which they gave to Christopher Hughes, our excel- 
lent Minister to the Netherlands, he said, among other things : 

" On such an occasion he might be permitted to express the gratification 
he felt, in common with the great mass of the intelligent and liberal men of both 
countries, to see the animosities necessarily attendant on a state of hostility so 
rapidly wearing away, and giving place to feelings so consonant to the true in- 
terests of the two nations, united by a common language, a common spirit 
of commercial enterprise, and a common regard for well-regulated liberty. It 
appeared to him that of two such nations the relative position was not wholly 
unlike that which occasionally occurred in families, where a child having perhaps 
displeased a parent — a daughter, for instance— in contracting a connection of- 
fensive to that parent's feelings, some estrangement would for a while necessarily 
ensue ; but, after a lapse of time, the irritation is forgotten, the force of blood 
again prevails, and the daughter and the mother stand together against 
the world." 

About the time this speech was delivered, Mr. Canning is reported to have 
had an interview with our Minister near the Court of St. James, in which he ex- 
plained the policy of his Government with respect to Spain and the South 
American States, desiring the co-operation of the United States, if necessary, in 
its enforcement. Our Mmister, it appears, had no instructions upon the subject, 
but transmitted the proposal to Washington for consideration. On the 31st of 
March previous the Prime Minister wrote to the British Minister at Madrid to 
intimate to the French Minister near that Court, in terms sufficiently distinct to 
admit of no misconception, that while Great Britain utterly disclaimed any in- 
tention of appropriating to herself any of the former colonies or dependencies of 
Spain, she would not tacitly consent to their acquisition, or that of either of 
them, by France. This led to a conference between himself and the Prince de 
Polignac, the French Minister, on the 9th of October, 1823, in which the latter 
proposed : 

" That in the interests of humanity, and especially in that of the Spanish 
colonies, it would be worthy of the European Governments to concert together 
the means of calming, in those distant and scarcely civilized regions, pas- 
sions blinded by party spirit, and to endeavor to bring back to a principle 
of union in government, whether monarchical or aristocratical, people among 
whom absurd and dangerous theories were now keeping up agitation and 
disunion." 

But the conference terminated without a result, Mr. Canning no doubt deem- 
ing it better to await intelligence from this capital relative to his proposal to our 
Minister. The world-renowned message contained Mr. Monroe's answer. It 
was as unexpected as a destructive earthquake, and dispelled every hope which 
had been indulged in Paris, and in autocratic circles elsewhere, of the re-estab- 
lishment of Spain in her lost possessions. It was thus that the triumph of Eng- 
land over the Holy Alliance was effected, as was explained, when Parliament 



464 Houstoii's Literary Remains. 

mot in the following February, by the Marquis of Lansdowne in the House of 
Lords, and Mr. Brougham in the House of Commons. 

In the discussion upon the speech from the throne, at the opening- of the ses- 
sion, the Marquis observed, in the House of Lords, in commenting upon that 
part of it relating to the non-recognition of the Spanish-American States in 
terms of disapproval : 

" But if we had been tardy, it was a satisfaction to find that America had, on 
this occasion, taken that decisive step which so well became its character and its 
interest. As that important decision was of the utmost consequence to every 
portion of the world where freedom was valued, he could not grudge to the 
United States the glory of having thus early thrown her shield over those 
struggles for freedom which were so important, not merely to America herself, 
but to the whole world." . . . . " Let their Lordships look to what had hap- 
pened in the United States. There a population of three millions had, in the 
course of forty years, been increased to ten millions." 

In the House of Commons, during the same day and in the same discussion, 
Mr, [now Lord] Brougham, remarked : 

" The Holy Alliance ! [A cry of ' Hear ! '] What, was this designation ot 
these sovereigns doubted ? Why, it was not his, but that which they had given 
themselves. There was but one view that could be taken of that league ot 
conspirators and of the motives of their alliance." .... 

" The question, however, with regard to South America, he believed was now 
disposed of, or nearly so ; for an event had recently happened than which no 
event had ever dispersed greater joy, exultation, and gratitude over all the free- 
men in Europe — an event in which he, as an Englishman, connected by ties of 
blood and language with America, took peculiar satisfaction. An event, he re- 
peated, had happened, which was decisive on that subject ; and that event was 
the message of the President of the United States to Congress. The line of 
policy which that message disclosed became a great and independent nation ; 
and he hoped his Majesty's Ministers would be prevented by no mean pride or 
paltry jealousy from following so noble and illustrious an example. He trusted 
that as the United States had had the glory of setting, we should have the good 
taste to follow the example of holding fast by free institutions, and of assisting 
our brother freemen, in whatever part of the globe they should be found, in 
placing bounds to that impious alliance which, if it ever succeeded in bringing 
down the Old World to its own degraded level, would not hesitate to attempt to 
master the New World too." 

Mr. Canning, the Premier, in reply, stated that— 

" In some of the principles laid down in the message of the President of the 
United States he entirely agreed ; and he might be permitted to say that, long 
before the message went forth, it was distinctly admitted in the State Papers of 
Great Britain that the question between the mother country and the colonies 
was not a fit subject for foreign interference ; but he did not agree in the prin- 
ciple that the parent State had not a right, if she could, to recover her own colo- 
nial dominions." [Mr. Brougham motioned that such a principle was not laid 
down.] " Mr. Canning, continuing. In the paper to which the honorable and 
learned gentleman referred, there was a passage which many individuals con- 
strued in that way, and he certainly understood the' honorable and learned gen- 



English Sentiment Calling for Protectorate. 465 

tleman so to have construed it. He was clearly of opinion, with the President 
of the United States, that no foreign State had a right to interfere pending the 
dispute between the colonies and the mother country ; but he was as strongly 
of opinion that the mother country had a right to attempt to recover her 
colonies if she thought proper." 

Mr. Canning's construction of the message was clearly correct, as will have 
been seen from the extracts which I have read from that document. Spain, 
ruled by France, as the swordsman of the Holy Alliance, was included in the 
declaration that — 

" With the Governments who have declared their independence and maintain 
it, and whose independence we have on great consideration and on just prin- 
ciples acknowledged, we could not view an interposition for the purpose of op- 
pressing them, or controlling in any other manner their destiny by any Euro- 
pean Power, in any other light than as the manifestation of an unfriendly dispo- 
sition toward the United States." 

It has often been asserted, sir, that Mr, Canning originated the Monroe doc- 
trine. It lias been seen to what extent he is entitled to that credit. The an- 
nouncement of that doctrine, as valuable a purpose as it served his Government, 
perhaps took no one more by surprise than himself. Little could it have been 
imagined that a young republic, with nothing like half of its present population, 
could summon resolution to proclaim at the top of its voice, to all the poten- 
tates of the other hemisphere, in substance: "You may manage your affairs as 
you choose there, but you shall not carry your system or systems of government 
to the world of the West. With stout hearts and strong minds, and, above all, 
relying upon God's favor, we will prevent the establishment of any new European 
alliances in this hemisphere, or perish in the effort." 

At the time of preparing his message it may have been seen by Mr. Monroe 
that circumstances might arise rendering it necessary that the exercise of a con- 
trolling influence over one or another of those young republics would become a 
necessity on the part of this country. Mr. Clay, in his zeal for their recognition, 
has asserted, in his place in the other House, that " it would be impugning the 
wisdom of Almighty God to suppose that He had created beings incapable of 
self-government "; but Mr. Monroe was not, perhaps, quite so sanguine. He, 
however, was determined, as far as his official influence could be advantageously 
employed in the instance of those republics, that the experiment should have a 
fair trial. But if it should result in failure no foreign Power should attempt 
their resubjugation. It would become a duty under our mantle to nourish, 
cherish, and protect such as could not take care of themselves. The unlocking 
of the rich, varied, natural stores of Mexico would redound not only to the en- 
larged welfare of that country, but to the good of every country interested in 
commerce and in enlightened civilization. She is, literally, the thriftless "talent 
tied up in a napkin." She can never be otherwise until we exercise a controlling 
influence over her. We must make her respectable and respected. She has 
been going down so long that she is incapable of rising. With life and property 
secure, it is estimated that she could produce $100,000,000 of silver annually. 
Instead of fifteen or twenty miles of railroads she might in a score of years have 
as many hundreds. With such an attractive climate and fruitful soil and varie- 
gated scenery she would becpme the center of fashionable travel and the abode 
30 



466 Houston^ s Literary Remaina. 

of enterprising industry ; and the occurrence would not only command the 
approval, but also the admiration, of Great Britain and other European States. 
The London Times, which moulds rather than follows public opinion, says : 

"There is not a statesman who would wish to see Great Britain hamper her- 
self with an inch of Mexican ground. Let the United States, when they are 
finally prepared for it, enjoy all the advantages and responsibility of ownership, 
and our merchants at Liverpool and elsewhere will be quite content with the 
trade that may spring out of it. The capacity of the Mexican population for 
appreciating a constitutional rule is not so remarkable that we should volunteer 
to administer it." 

The Monroe doctrine has been repeatedly ridiculed of recent years, and by 
grave Senators, as the merest of abstractions — as unmeaning and valueless. 
But let me tell you, sir, that but for that doctrine Texas probably had never en- 
tered your confederacy. Canning might have yielded to Polignac for the con- 
solidation of a monarchical or aristocratical form of government for the ci-devant 
colonies of Spain, by which, of course, she would have been included as one of 
those colonies, had it not been for the seasonable declaration of that doctrine, 
and the thrill of joyous delight with which it was hailed by the votaries of liberty 
everywhere. On this account alone I may be pardoned for fancying that it is 
deserving of a worthier designation, even by the most violent tongue, than an 
abstraction. When Cortez returned lo Madrid from his conquering expedition 
to America, he went to Court. The haughty Charles V., observing his stately 
mien as he approached him, emphatically demanded : " Who are you, sir } " 
" The man," replied he, " who has given you more provinces than your ances- 
tors left you cities ! " With equal truth may it be said of Texas that she has 
been instrumental in giving the Union more dollars that its founders left it 
cents. She has been instrumental in developing its resources more in twelve 
years than had been previously developed in sixty. I do not mention this in a 
spirit of vainglory. Who could be vainglorious of such a State?— a State that 
is advancing with giant's strides in all that constitutes a State to the head of the 
column of the Southern division of the Union ? The time may come — yes, will 
come, sir — when if she shall be as properly cared for by this Government in her 
intercourse with Mexico as New York has been cared for in her intercourse 
with the British Provinces, she may be to that division what the Empire State 
is to the Northern division. But whatever her future power, I trust that the 
language of her sons will ever be, in contradistinction to the supercilious ex- 
pressions which fell from the lips of a distinguished Senator a few days ago, as 
far as concerns the exercise oi might for the purpose of sectional oppression: 

" O ! 'tis excellent 
To have a giant's strength ; but it is tyrannous 
To use it like a giant." 

Whenever one section of this country presumes upon its strength for the op- 
pression of the other, then will our Constitution be a mockery, and it would 
matter not how soon it was severed into a thousand atoms and scattered to the 
four winds. If the principles are disregarded upon which the annexation of 
Texas was consummated, there will be for her neither honor nor interest in the 
Union ; if the mighty, in the face of written law, can place with impunity an 
iron yoke upon the neck of the weak, Texas will be at no loss how to act, or 



Texas Exceptional as a State of the Union. 467 

where to g-o, before the blow aimed at her vitals is inflicted. I In a spirit of good 
faith she entered the Federal fold. By that spirit she will continue to be influ- 
enced until it is attempted to make her the victim of Federal wrong. As she 
will violate no Federal rights, so will she submit to no violation of her rights by 
Federal authority. The covenant which she entered into with the Government 
must be observed, or it will be annulled. Louisiana was a purchase ; Calitbrnia, 
New Mexico, and Utah a conquest ; but Texas was a voluntary annexation. If 
the condition of her admission is not complied with on the one part, it is not 
binding on the other. If I know Texas, she will not submit to the threatened 
degradation foreshadowed in the recent speech of the Senator from New York. 
She would prefer restoration to that independence which she once enjoyed, to 
the ignominy ensuing from sectional dictation. Sorrowing for the mistake 
which she had committed in sacrificing her independence at the altar of her 
patriotism, she would unfurl again the banner of the " lone star" to the breeze, 
and re-enter upon a national career where, if no glory awaited her, she would 
at least be free from a subjection by might to wrong and shame. ; But I will 
dismiss such thoughts from my mind, and indulge in their stead the pleasing 
belief that the Federal Constitution, the Constitution of our fathers, the Consti- 
tution of compromise between conflicting interests, will ever be found potent 
enough to overpower the most formidable sectional opposition which may be 
advanced against its provisions. Beyond it there would be but little left worth 
living for. 

In conclusion, I trust, sir, that you will pass the resolution which I now send 
to the Secretary. Of the form of the protectorate I have said comparatively 
nothing. It will be for the committee, if ordered, to decide upon that, with 
such lights as may be placed before it. I have no preferences on the subject. 
It may assimilate to that of Great Britain over the Ionian Isles, or be entirely origi- 
nal in its character. No advantages in trade intercourse ought to be claimed by 
us which should not become common to other countries, and no more authority 
exercised than would be indispensable to secure obedience to salutary law. 

I send to the Chair a preamble and resolution as a substit'ite for that which I 
before offered. I ask that it be read. 

The Clerk read as follows : 

" Whereas, The events connected with the numerous efforts of the people of 
Mexico to establish upon a reliable basis an orderly system of self-government 
have invariably resulted in complete failure ; and whereas the condition of 
Mexico is such as to excite alarming apprehensions that she may precipitate 
herself into a wild condition of anarchy, and the more so as she has demon- 
strated from time to time her utter inability to suppress intestine commotions 
and to conquer the hordes of bandits by which she was infested ; and whereas 
the United States of America, on account of the continental policy which they 
cherish and desire to enforce, can never permit Mexico to be resubjugated by 
Spain, or placed under the dominion of any foreign Power ; and whereas one of 
the most important duties devolving upon civilized governments is to exact from 
adjoining nations the observances of good neighborhood, thus shielding them- 
selves against impending or even remote injury to their border security : There- 
fore — 

"Resolved, That a select committee of seven be raised to inquire an:! report 
to the Senate whether or not it is expedient for the Government of the United 



468 HoKstoii's Literary Remains. 

States of America to declare and maintain a protectorate over the so-called 
Republic of Mexico, in such form and to such extent as shall be necessary to 
secure to this Union good neig-hborhood, and to the people of said country the 
benefits of orderly and well-regulated republican government." 

Mr. Hunter. I call now for the special order. 

Mr. Houston. I move the adoption of the resolution. 

Mr. Hunter. I gave way for the Senator to make a speech. 

Mr. Houston. It will not take a moment, I hope. 

Mr. Seward. I move that it lie on the table and be printed. 

The motion was agreed to. 



SPEECH DELIVERED IN THE SENATE OF THE UNITED 
STATES, APRIL 23, 1856. 

The Senate having under consideration the Resolutions of Mr. Iverson for 
the appointment of a Special Committee to examine the members of the Naval 
Board under oath — 

Mr. Houston said : Mr. President, I am suffering from hoarseness and indis- 
position ; and the explanations which have just been made have occupied a large 
share of our time ; but yet I shall proceed to occupy a portion of the time of the 
Senate to-day with some remarks in relation to the action of the Naval Retiring 
Board, which is now before us for consideration. 

It is proper for me to state, prefatory to the remarks which I propose to sub- 
mit, why it is that I am under the necessity of now addressing the Senate on 
this subject. Sir, I have been charged with dragging into this debate, person- 
alities and individual character in a manner calculated to produce irritation and 
bad feeling. When I spoke before, I disclaimed any intention of that kind; 
and I believe the records of the Senate will verify the fact, that I not only dis- 
claimed it, but that, in point of truth, my former remarks are not liable to such 
a construction. 

It will be recollected, Mr. President, that this debate was first inaugurated 
into the Senate by the venerable Senator from Delaware [Mr Clayton], in secret 
session. He referred to a resolution which I had introduced for the purpose of 
obtaining from the archives of the Navy Department certain information ; and 
he animadverted — though not with any degree of severity, with an implied cen- 
sure — on the course which I had thought proper to adopt. His own course, I 
must say, struck me as somewhat novel. 

Here I must express my sincere and unqualified regret that the venerable 
Senator is not present to hear every word which I have to utter in relation to 
the course which he has been pleased to adopt. I will not, in his absence, say 
all that I should say if he were present. I am sure that no Senator in this body 
entertains half the sincere regret for his absence that I do. For the laot ten 
days I have postponed my address that the Senator might be present, so that he 
might hear what I have to say, and so that he might be prepared to repel any 
improper accusation, if such should be brought against him. 

Sir, I have no accusation to make against the venerable Senator [Mr. Clay- 
ton]. I shall advert to his own remark?;, but not with that degree of point which 



Eulogy of one Injustice to other Naval Officers. 469 

I desired to do, and which his presence would necessarily suggest. I know his 
ability and distinction. I am aware of his adroitness in debate. I know his^ 
diplomatic capacity. I fully appreciate those high qualities which distinguish 
him from the ordinary mass of mankind. I aspire to none of those distinctions; 
I am too humble in my pretensions even to emulate his proud, preeminent po- 
sition ; but I must nevertheless be permitted to vindicate the course which I 
have taken in reference to the measure now before the Senate. 

It will be recollected, Mr. President, that the Senator at some period — I do 
not recollect the precise date, nor is it material — came forward, after the Senate 
had gone into executive session, and indicated a desire to present to us a most 
momentous subject —one deeply aflfecting his own feelings. I must confess that 
I felt the deepest sympathy with the Senator then. I had heard of his indispo- 
sition, which had detained him from the Senate Chamber for ten days previous 
to this event, and I believed it was a valedictory that he came here to deliver to 
the Senate ; and I supposed it would command all the sympathy which his col- 
leagues in the Senate could afford. 

This was my impression then ; and if I were in the habit of surrendering to 
sensibility to a womanish extent, I believe I should have wept, such was the 
plaintive tone and manner of the Senator. Great was my astonishment, how- 
ever, when I heard his speech, after leave was accorded to him to have it read, 
as he was unable to deliver it. It was an address carefully collated, conned, 
prepared, punctuated, the i's dotted, the t's crossed, and everything done in nice 
order — documents referred to with great particulaiity, and of the most astound- 
ing import — all prepared for the occasion. Senators sympathizing with him, 
asked him to sit on the chair to rest himself. He read it all. It was painful to 
hear his plaintive tones. His voice, usually vigorous ; his manner, characteris- 
tically animated and nervous, seemed to have become enervated; and he sunk 
down into the softest gesticulations and most pathetic tones, yielding apparently 
to the force of disease. His tone and manner commanded the richest stores of 
sympathy from every feeling heart in the Senate. 

But, sir, when that speech appeared in print, what was it? It was a flaming 
eulogy ; it was the inauguration of Captain Du Font's fame and name into the 
Senate of the United States. Was it brought forward under ordinary circum- 
stances } or was it intended to send it forth as a harbinger for the purpose of 
forestalling anything that might result from the communication of certain 
documents (when his name had not been previously alluded to in the Senate), 
and by that means give him an advantage which he would not otherwise pos- 
sess? Was it fair, was it courteous to the Senate, or was it to take a snap 
judgment on the sympathies of the Senate, and foist a man before the public in 
the most imposing attitude? 

No sooner was the speech delivered here, than leave was asked to remove 
from it the injunction of secrecy, and throw it wide to the world. It was done 
in executive session. Gentlemen may have said : " It must be something of 
great importance; we will read the Senator's speech, and see what it is." The 
injunction was removed, and the speech was published. On examining it, we 
find it to be an attempt to indoctrinate us with the Senator's opinion that 
Captain Du Pont is a perfect nonpareil. [Laughter.] Yes, sir ; here it is ; this 
is the title-page to the speech : 

"Captain S. F. Du Pont, U. S. Navy. Speech of Hon. John M. Clayton, of 



470 Houstoii's Literary Remains. 

Delaware, in the Senate of the United States, March ii, 1856, in executive 
session. The injunction of secrecy had been removed." 

Who could resist an. inclination to get possession of this rich morceau, when 
it was a secrecy worthy of the note and attention of Senators.? It is a most 
imposing thing. After this introduction, on the first page of the body of the 
pamphlet, before addressing the distinguished officer of this body who presides 
over its deliberations, I find, in flaming capitals, the words : " Captain S. F. Du 
Pont, U. S. N.," and then it begins : 

" Mr. Clayton said," etc. 

Now I think this is one of the rarest diplomatic moves that I have discovered. 
It is worthy of the negotiator; it is worthy of the diplomatist; but whether it 
really will have the effect which was designed, I know not. Yet, sir, I have 
been charged with introducing personalities and personal character into this 
body. What does the Senator say in this speech } He gives a most delicate, 
and at the same time — I should almost be tempted to say — a most equivocal, 
pledge ; for he says : 

" I owe it to common justice to bear my sincere testimony in his behalf, and 
to repel the efforts made to injure him, no matter when or by whom made." 

He pledges his "sincere testimony " on this occasion. It never would have 
suggested itself to me to attempt to qualify the testimony of the honorable 
Senator, unless he had implied that he had two species of testimony — sincere, 
and equivocal, or jocose. [Laughter.] My opinion was, that there was but one 
species of testimony, and that it was always sincere, because it is presented un- 
der the solemnity of an obligation to tell the truth. 

By examining this speech, we find that the Senator from Delaware goes on 
and introduces the name of Lieutenant Maury, and various others. He intro- 
duces the names of Messrs. Pendergrast, Du Pont, Missroon, and other officers 
who were on board the Ohio in 1839 and 1840, by reading a document exculpa- 
tory of them written by a former Secretary of the Navy. He thereby put their 
general characters in issue ; and I believe it would be technically correct, in a 
court of law, under the indulgence of the judge, under such circumstances, to 
prove the facts in regard to them. I had called for certain documents from the 
Navy Department, but they were not presented to the Senate when this speech 
was made. The Senator was not apprised, from any assurance given to those 
who called for them, that they would ever be presented, or made a matter of 
consideration before this honorable body. Still, he chose to anticipate them. 
The result was, that he involved himself in the dilemma of having his friends 
brought before the Senate, not in the most enviable point of view. I am not so 
sure but that he was a little too diplomatic in that respect. Men may go too 
far, I find here something designed to cover up a nice little reflection. On 
page 6 of the pamphlet speech, I find the following: 

" No man who has a proper respect for the honored memory of the Commo- 
dore will seek to recall these events for the purpose of casting unjust reflections 
upon the living ; and I purposely forbear all comment upon any part of the pro- 
ceedings except the triumphant final vindication of Du Pont and his associates 
contained in the letter of the Secretary, which justly closed the whole contro- 
versy forever.'' 



Insuhordination in Junior Officers. 471 

The venerable Senator from Delaware was unacquainted with the subject, ior 
that letter was as far from closing the controversy as anything could possibly be. 
I am glad that the Senator has not pledged to the statement his " sincere testi- 
mony," because it would have implicated him ; but, as I have intimated, he in- 
volved not only his friends, but others who had no connection whatever with 
the papers called for, and whose names were not included in them. I leave that 
point, however, for the present. 

When I formerly addressed the Senate on this question, my course was also 
the subject of comment on the part of the Senator from Delaware near me [Mr. 
Bayard]. For that gentleman I entertain feelings of kindness and personal re- 
spect. I admire his talents, his intelligence, and his usefulness in the Senate. I 
am aware of the fact, that he is justly the pride of his constituency. All these 
considerations conspired to impress me most favorably and kindly toward him ; 
but 1 think that he did not, in his remarks on the occasion to which I allude, 
exercise that courtesy which is looked for, expected, and desired in the Senate. 
I stated that Captain Du Pont had, when a lieutenant, insulted Captain Smith. 
The honorable Senator replied that it was untrue, and asked me for my authority. 
I told him ; but he said it was untrue, and that the authority on which I relied 
could not be tortured into the meaning which I gave it, unless I had greater 
powers of perversion than ever he had before suspected me to possess. I 
thought that was pretty sharp ; but I suppose that, as it was a gratuity, I ought 
to be thankful for it and take it. Therefore I did so. [Laughter.] On that 
point I desire to place myself right, and, without any unkind feelings to the 
Senator, to vindicate my veracity ; but I shall indulge in no asperity of remark 
toward him, because I have no unkind feeling to gratify, and I have great re- 
spect to cherish. 

I propose to read the evidence on which I based the statement that Du Pont 
had insulted Captain, now Commodore Smith, of the navy ; and then it will be 
seen whether my construction is not ths most reasonable one. The distin- 
guished Senator intimated before that I really had not read my extracts in a 
manner to please him, implying that my education was not as good as it ought 
to have been. I shall overlook that remark ; but really it seems to me that the 
deductions which I draw from the documents are most rational for a plain, com- 
mon-sense man. I think that Captain Smith was insulted ; and to show it I 
shall read what he wrote to Cominodore Hull in reply to a letter of Mr. Du 
Pont. If I did not read all the letters to which I referred before, it was not be- 
cause I had any purpose to garble them, as was intimated. They are all very 
rich. Captain Du Font's productions are all of a classical character. I should 
like to give them all, but it would render my speech too voluminous. He had 
complained of the accommodations of the Ohio. He was placed on the orlop 
deck — a deck that comes to the water line, 1 believe. It appears, from the ink- 
lings which have transpired here, that Commodore Hull had taken his family on 
board the Ohio, as was customary on ships of war at that period, by permission 
of the Secretary. Because Du Pont and some other officers were excluded from 
the cabins to give place to the ladies, they were provoked ; and four of them, 
according to the Secretary of the Navy, formed "cabals " for the purpose of an- 
noying the Commodore and expelling the ladies. I do not say whether or not 
that was social and gentlemanly ; 1 doubt it. When they made complaint to 
Commodore Hull, as the documents will show, they were occupying quarters to 



472 Houston'' s Literary Remains. 

which they had been ordered by the Navy Department. When complaint was 
made Commodore Hull ordered Captain Smith to provide them cabins or tem- 
porary accommodations on the deck, so as to relieve them from the confined 
atmosphere below, where it was said to be insalubrious. When this offer was 
made to Mr. Du Pont, he said, in a letter to Captain Smith, dated July 29, 1839 : 

" But the commander-in-chief, having decided that he is not authorized to 
make any permanent change, of which he is of course the sole and proper judge, 
I prefer remaining where the Navy Department has placed me as long as my 
health will endure it, rather than occupy quarters which I deem unfit for an 
officer holding the third rank known in our service, and from which he may be 
ejected at any moment." 

This refusal was given to Captain Smith, who had, at his instance, provided 
these quarters. He declined going into them. Did Commodore Hull press 
him } No, sir. Why } Because he was where the Secretary of the Navy had 
placed him. Commodore Hull had not placed him there. Then, sir, that ven- 
erable and gallant commodore, the first that ever struck a British flag upon the 
ocean in our war of 181 2, still bore the proud sailor's spirit in his heart, loving 
his country, and exacting due obedience to his orders. I have read what Mr. 
Du Pont said in his letter to Captain Smith. At page 44 of Executive Docu- 
ment No. 44, of the present session — the same from which I last read — I find 
this letter of Captain Smith : 

" United States Ship ' Ohio,' at Sea, July 30, 1839. 

" Sir : — I have received from Lieutenant Du Pont a very, as I think, extraor- 
dinary and uncalled-for communication, which I think it is proper, as well as it 
is a duty, to inclose to you, 

" The true military course for me to pursue would be to compel him to occupy 
the apartment assigned to him in addition to that which he has so much com- 
plained of, and which he says is untenable ; but under the present state of ex- 
citement upon the subject of accommodations of the ward-room officers, I do 
not deem it expedient to take such a course, but to allow the gentleman to re- 
main in the apartment assigned to him by the Navy Department, which he pre- 
fers to that prepared for and appointed to him by myself, and which was cer- 
tainly intended by me to relieve him from what he complained of in the other. 
The tenor and character of this communication, as well as the course he has 
taken, first, in making the complaint referred to, and then declining to accept 
the accommodation offered as a remedy for the evil, develop a spirit of dictation 
in its author too clearly, to my view, to require comments from me. 
" Respectfully, your obedient servant, 

"Joseph Smith, 
" Captain United States Ship Ohio. 
"Commodore Isaac Hull, Commander-in-Chief of the United States Naval 

Force in the Mediterranean, at sea." 

Now, I leave it to the candor of any and every Senator to determine whether 
I made an untrue statement, or drew a false deduction, in asserting that he had 
insulted Captain Smith. Is not this the language of an insulted man.-* Cer- 
tainly it is. 

Mr. Mallory. Will my friend allow me to draw his attention to one point 
in this connection .'' 



Apology no Atonement for Official Misconduct. 473 

Mr. Houston. With great pleasure. 

Mr. Mallory. I know that the honorable Senator from Texas wishes the 
letters which he is now presenting to be understood by the Senate in a manner 
perfectly fair to all parties. 1 therefore call bis attention to the fact that he 
read but one part of a paragraph of the letter of Mr. Du Pont, to which he re- 
ferred. If he will read the closing paragraph of that letter, the Senator from 
Texas will see that Captain Du Pont expressly disclaimed any intention what- 
ever of giving offense, and expressed thankfulness for the consideration which 
had been shown him. 

Mr. Houston. That is true ; but if a man spits in your face and then says he 
did not intend to insult you, would you believe him .'' Or if a man knocks you 
down and then begs your pardon, and says he did not mean to do it, would you 
believe him .i^ Words qualifying a matter of that kind can have no force. 

Mr, Mallory. I only ask that the paragraph be read in connection. 

Mr. Houston. I would have read it myself with great pleasure, but I ob- 
jected, because Du Pont is so copious and diffuse in his writings, that if I were 
to attempt to read all that he says, my speech would be entirely too bulky, I 
will, however, read the paragraph to which the Senator from Florida has called 
my attention. Mr. Du Pont said, as I have already shown, in his letter to Cap- 
tain Smith, that he would not occupy the quarters prepared for him, but would 
remam in those assigned to him by the Navy Department. He first grumbled 
about the accommodations provided by the Department ; others were prepared 
for him, which he declined to occupy ; and after insulting Captain Smith in the 
way I have detailed, he goes on in this letter to say : 

" I trust, sir, however, that you will not for a moment suppose that I do not 
fully appreciate the consideration which induces you to do all that you conceive 
lies in your power to alleviate the present state of things." 

I am very glad that I have read this paragraph, because it shows that be did 
not intend this indignity for Captain Smith so much as for Commodore Hull. 
It was there the arrow was directed, but he did not shoot it. He says that 
Captain Smith did all that he possiblv could, but yet that they were not accom- 
modated. Why ? Because Commodore Hull was in the way — that is it. I 
am glad that I read it, because it just suits me. 

I think the inference which I drew from this correspondence is a fair one ; 
and it is evident from it that I stated nothing untrue when I said that Captain 
Smith was insulted. I am perfectly aware of the source whence the distin- 
guished Senator from Delaware [Mr. Bayard] derived his information on this 
point. I was not aware at the time of the existence of a document which, I 
presume, induced the contradiction that he so unceremoniously administered to 
me. I shall allude to it. Lieutenant Du Pont, after he returned from the 
Mediterranean, wrote a letter to the Department dated June 5, 1S40. In that 
letter, rendering his apology to the Secretary of the Navy, he says that he was 
very much astonished to hear that Captain Smith was offended. I will read his 
own language : 

"But Captain Smith, in speaking of it to Mr. Pendergrast, the executive 
officer of the ship, ofter remarking that, in his opinion, it involved me in an in- 
consistency with a previous communication to him, added : 'but it is a perfectly 
respectful letter, and, if it required an answer, I would reply to it in the same 



474 Houston^ s Literary Remains. 

spirit in which it is sent ' ; and this observation was reported to me at the time 
by Mr. Pendergrast.'' 

This was the hearsay of Mr. Pendergrast, communicated to Mr. Du Pont, 
and Mr. Du Pont communicates the same hearsay to the Secretar)' of the Navy, 
and to the distinguished Senator from Delaware, so that it is hearsay evidence 
upon which Mr. Du Pont relies to show that Captain Smith was not insulted. 
He gives his recollection. Whether his recollection be right or wrong, in oppo- 
sition to the letter I have read of Captain Smith, I will let Senators determine. 
I am inclined strongly to believe that Du Pont's memory was bad, even if Cap- 
tain Pendergrast ever made the communication ; whether he did or not I do not 
pretend to say. It does not appear from Captain Smith's letter that their de- 
duction was correct at all events. . 

I am thus willing to leave the issue of veracity between the distinguished 
Senator from Delaware [Mr. Bayard] and myself without any unkind feelings. 
He observed that he thought I had read extracts in a peculiar manner, so as to 
give particuUr things peculiar force and meaning. In the course of the Sena- 
tor's remarks he stated that he had been the schoolmate of Captain Du Pont. 
I admit that I have very little diplomacy about me, and very little of that polish 
and exquisite refinement which is acquired by intercourse with foreign nations, 
and results from education and early associations that are calculated to impress 
a young man with refined and delicate ideas. I admit, sir, that the Senator has 
possessed advantages in these respects. If I had been of another school — if in 
early life I had been thrown into association with Captain Du Pont, I might now 
come forward under more imposing auspices than I am enabled to do at this 
time. Not having had such advantages, however, what am I to do.-* If I have 
an idea to convey that language will not express, or if I desire to represent an 
act that is described in an extract which I read, but the meaning of which can 
only be conveyed by a similar act — such as a whistle — I can not avoid presenting 
it in a natural way, so as to present what I mean. This is considered " undig- 
nified " on my part ! Be it so. I can not help it. 

Sir, I am more the child of nature than of art and refinement. If I had been 
the companion and schoolmate of Captain Du Pont, if I had been conversant 
with learned lore, and v/ilh abstract science, with all the depths of learning, and 
all the accomplishments that a proud and glorious lineage could give, as is the 
case with the Senator from Delaware [Mr. Bayard], I, too, might claim tiie pre- 
eminence that always appropriates itself to men of high and noble parts. But, 
sir, I have not possessed these advantages ; and if I do not accord with the 
views of gentlemen of taste and of classic lore, it is no fault of mine ; nor do I 
reprehend myself for the misfortunes attendant upon early life. Sir, I have 
found in life one volume open — it is Nature's volume, where every chapter is 
nature, and every verse 's human life. That volume is open to the humblest as 
well as the proudest. Education to the common mind may embellish, but it can 
never implant what Nature has failed to supply. [Applause in the galleries.] 

The President. The galleries will be cleared if the demonstrations are re- 
peated. 

Mr. Houston. Mr. President, there is one circumstance that really seemed 
for a moment to embarrass me, from the apprehension that a possible deduction 
might be drawn from what was said by others, that I had attempted surrep- 
titiously to impose on the Senate by interpolating the word " sex " into a docu- 



Lack of Chivalry in Naval Officers. 475 

ment where it did not exist. I thought, at the time, thai I could not be mis- 
taken ; I had evidence satisfactory to my mind ; but when I called for a copy of 
the official documents from the Department the copy did not contain the word 
"sex." I went to the office, and in the recorded copy I did not find the word 
" sex " written, though it was necessary to give force and sense to the language. 
I learned, subsequently, that the press copy taken at the time contained the 
word " sex "; this was not discovered until the 24th of March, 1856. Then, sir, 
after all the rhetorical flourishes and denunciations of the Senators from Dela- 
ware, I come forward prepared, under the official statement of one of the offi- 
cials of the Navy Department, to assert that the word " sex " is contained in 
the letter of Secretary Paulding of December 16, 1839. It was intimated that 1 
introduced the word surreptitiously, or that, if not surreptitiously done, there 
was a second motive for it. First, I was charged with the crime of having 
acted improperly; and next, it was said that it was unjust to the individual. 

I regret exceedingly ever to have occasion to dwell on private character, or to 
advert to scenes of an unpleasant nature that are calculated to reflect on my 
countrymen, whether in private or official position, and to brand them with 
anything dishonorable, or which is not illustrious and glorious to the country. 
Sir, the man who bears my country's flag, the man who represents her in a 
foreign country, the man to whose discretion and integrity the honor of the 
country is confided, should be a man of spotless character, of pure and exalted 
chivalry, of refined and delicate sensibilities, particularly when he has occasion 
to defer to that sex to whom every hero, every soldier, and every statesman is 
most honored in rendering the homage of his heart. Sir, for the man who has 
a mother, or a sister, or a daughter, and does not feel that woman is to be 
shielded and protected by his generous arm, there is no epithet too— I will use 
no phrase to designate his character. No, no; I can not do it; I will not ; out 
of respect to the Senate I will not. 

Well, sir, how does the letter read now, when we have the correction ? I will 
show. I have been charged with foisting this matter on the notice of the Senate, 
as if it had not all been taken back and the subject concluded forever, as 
the venerable Senator from, Delaware [Mr. Clayton] said — forever ! Well, sir, 1 
have before read this letter to show the facts which were charged specifically, 
and to see whether the Secretary of the Navy could expunge, or obliterate, or 
take them back, at any subsequent period, under an undue influence, either 
political or personal, or through misrepresentation. The letter in which the word 
occurs is a reprimand which was sent to Commodore Hull to read to these gen- 
tlemen in the Mediterranean. The records will show that they began a cabal 
and insubordination before they left the port of New York, and violated the rules 
and regulations of the navy. They ought unceremoniously to have been stricken 
from the rolls. This transaction was not in the days of Jackson, which have 
been referred to by the venerable Senator from Delaware, or these gentlemen 
would have been dismissed, because the man who showed the least defection in 
chivalry, in honor, or in deference to the female sex, was then compelled to walk 
the plank, no matter how deep the plunge. Here is what is said in the letter of 
the Secretary of the Navy : 

" Yet it is with great regret the Department is obliged to state, that no sooner 
had they set foot on board this noble ship than the officers of the ward-room, 
who ought to have set an example of respect and subordination to their juniors. 



4t70> Houston'' s Literary Remains. 

entered into combinations and cabals calculated to defeat every object for which 
she had been fitted out. They clamored against the arrangements that had been 
made by the navy commissioners for their accommodation, as if a ship ol 
war were intended for that purpose alone. They lost sight of the respect 
and consideration due to that sex which every gentleman, and most especially 
every officer, should feel it his pride to cherish on all occasions ; appealed to the 
public in communications disrespectful to their superiors, and violated the long 
established rules of the service by publishing an official correspondence without 
the consent of the Department." 

The venerable Senator from Delaware put these gentlemen on their trial orig- 
inally, and raised an issue about their infallibility. Here is corroborative testi- 
mony of what 1 said before, in the same dispatch of Secretary Paulding : 

" The letter of Lieutenant Du Pont is not such a one as I had expected 
from an officer who had heretofore sustained so high a character in the navy." 

That is the same construction which the Secretary put upon it ; the same 
which Captain Smith put upon it, and the same construction which Commodore 
Hull put upon it. I give the same construction to the letter. And yet, Mr. 
Pendergrast told Lieutenant Du Pont that Captain Smith had said so and 
so, and that he did not put the same construction on it. But I will read further 
from the same dispatch : 

" The letter of Lieutenant Du Pont is not such a one as I had expected from 
an officer who had heretofore sustained so high a character in the navy. It 
is not couched in language becoming an inferior addressing his command- 
ing officer ; and his refusal to accept the concession of which his brother 
officers availed themselves savors more of pettishness than dignity, or of 
manliness." 

That is the opinion of the Secretary of the Navy, and it is what the Secretary 
pledges to Commodore Hull before he sent the revocation of the reprimand. 
Read it, and jou will see where the defect is in the organization, and perpetua- 
tion, and improvement of our navy. You will see, when you come to contrast 
the reprimand, which was evoked by the conduct of the individuals, and the 
Secretary's retraction, that duty had been one time performed, but it was 
retracted under an influence — whether political, personal, or official, I care not. 
Such things are deleterious to the navy, to its discipline, and to the interests of 
the country at large. As I will show, from the remonstrance of Commodore 
Hull, the venerable Senator was mistaken when he said that that retraction 
concluded the subject forever. In the same letter of December i6, 1839, the 
Secretary says to Commodore Hull : 

" For yourself. Commodore, I have only to say, you are commander-in-chief ot 
the Mediterranean squadron. The laws and regulations of the service give you 
ample power to protect yourself from disrespect, and to enforce subordina- 
tion. Exert that power to the utmost ; and so long as you do not go be- 
yond your lawful authority you may rely on my co-operation and support." 

This is what Mr. Paulding says. I think there was good sense in all that, 
and it is just what he ought to have said; but I wish now to refer to an- 
other letter. Commodore Hull, in writing to Mr. Paulding, on March 21, 1840, 
after the receipt of the retraxit of the reprimand, says : 



Disrespect for Age in the Naval Service. 477 

" Subordinate officers, nowadays, set aside the decisions of their captains, 
and appear prepared and determined to resist the acts of the Navy Department 
by appeals through newspapers, and by referring their imaginary grievances to 
their Senators and Representatives ; and, in the case of the letter of Lieutenant 
Du Pont, it would seem that his determination to appeal to the Senators 
and Representatives in Congress from his State is intended to convey an 
implied threat." 

This was the condition of things. He was threatened impliedly that an 
appeal would be made to the Senators if he did not immediately make satis- 
faction for a row that was kicked up here«by the officers, when, if they had been 
on board ship, or had been careful on shore, they would not have been involved 
in that dilemma. 

Sir, I am willing to go on, and show how far these gentlemen were really ex- 
culpated by the Secretary of the Navy. I wish to refer to a letter written by 
Commodore Hull after he received the exculpatory dispatch. I believe it 
was written afterward, judging from the dates given in the printed docu- 
ments, though they are very much confused. After they came to the Senate 
they were referred to the Committee on Naval Affairs, and they went to the 
printers in a miserable condition ; and the dates and letters are so completely 
reversed and mixed up that it causes utter confusion in attempting to get 
at them. How it happened I do not know. I saw them in proper order at the 
desk, and where they received this overhauling I do not know. 

Commodore Hull, after the difficulty had arisen, in March, 1840, when the in- 
subordination of these gentlemen was at its height, was driven to great straits. 
He understood that we were on the eve of a war. He was in the Mediterranean. 
He had the finest ship in the service ; he had officers who had been detailed to 
give character and credit to his command. After the reading of tlie first repri- 
mand, he addressed these officers — Messrs. Du Pont, Pendergrast, and Godon 
— in this language : 

" There are three remedies which strike me for this state of things. One is, 
to lay this ship up in a Spanish port — this noble ship, the pride of our country, 
with her beautiful flag, of which we were once ready to boast, with its stars and 
stripes, hoisted at half-mast — until lieutenants can be sent from the United 
States to restore it to its proud and honorable bearing. Another is, to take you 
to sea with all your discontent, disaffection, and disrespect for your command- 
ing officers, and trust to time to bring about a better state of feeling. And the 
third is, to make such changes among you as my means will admit of. I have 
not yet determined which to adopt ; but I will now state to you that I am 
responsible for this ship. I shall go to sea when I please ; I shall go where 
I please ; and stay as long as I please." 

They thought that Commodore Hull was an elderly gentleman. These men 
have a great antipathy, as they have shown on the naval board, to aged 
men. Age fares badly with them. The feeling germinated there, and it has 
g^own rapidly since. 

I have now presented some of the evidences on which I rely to show that 
these men were not the most subordinate in the world. It is necessary for me 
also to advert to another circumstance which was referred to by the Senators 
from Delaware — I mean the private letter which they allege I read, that was ad- 



478 Houston's Literary Remains. 

dressed to Mr. Thorburn, an officer in the navy, by Captain Du Pont. That is 
where the unfortunate whistle originated. Mr. Thorburn had the letter. It re- 
ferred to one written to Colonel Burton, I think, a brother soldier, who had 
received laudation. Mr. Du Font's letter to Lieutenant Thorburn suggested 
that the same opportunity was afforded to the officers of the navy to have some 
laudation, and, forsooth, because it had not been obtained, there was disaffec- 
tion ! How was that a private letter ? It was in reference to a public matter. 
It was not a private letter. It must be borne in mind that, according to the 
venerable Senator from Delaware, Captain Du Pont was the leading man on all 
occasions, not only as to rank, but as to age ; for, whether it is with young 
or old, Du Pont never follows, but always leads. That was the substance of 
the expression of the Senator in regard to him. Such a man wished to have 
a whistle from Thorburn — a name connected with that of Warrington, who 
never disgraced the honor of his country, but bore it up triumphantly and 
victoriously. Thorburn, as honorable and as good a man as any that walks 
in the Senate, is aspersed here as most unworthy, if he permitted this letter, 
which referred to public matters, to be used here ; and it is intimated to 
the Senator from Texas, very directly, that he was culpable for it ! Oh ! it 
is unfortunate to have a two-edged weapon. 

The venerable Senator from Delaware said, that if the Senate could only know 
and see the letter written by Thorburn to Du Pont, it would be seen that he felt 
contrition, or something to that effect. That Senator wanted to bring it here, 
and read it ; but as it was a private letter Du Pont would not allow him to do so. 
That Senator [Mr. Clayton] is perfectly willing to bring it here and read it. His 
colleague [Mr. Bayard] denounced it as a dishonorable thing ; yet his colleague 
was willing to do that dishonorable thing which he condemned in another. 
Thorburn has as clean a record as any man for efficiency. He has met the 
enemy ; he has been under fire when there was danger. Except that important 
battle which I dwelt on the other day, near San Jose, I believe Captain Du Pont 
never has been in action ; and then there was great contrariety in the reports as 
to the mortality incident to that great engagement. [Laughter.] But I will 
say this — No man is more honorable than Thorburn ; no man is more respected ; 
no man in the navy is more efficient ; and no man has served his country with 
more fidelity ; and there is no official that sat on the board who has a higher 
and juster claim to retain position on the active list ; yet he was stricken down. 
For what? Because he did not belong to the clique that some think is nec- 
essarily established for the government of the navy. 

I believe I have explained the principal charges that were made affecting 
my veracity; but I shall have much to say — more, indeed, than I desire to 
say, if it were possible to avoid it, for I am not in the best condition for 
speaking ; but I feel bound to go on. 

The chairman of the Committee on Naval Affairs [Mr. Mallory] talked about 
" drag-nets." Sir, there are so many technical nautical phrases that grow up on 
the seaboard, and its bays and estuaries, and places where ships run, that I am 
not posted up in them. My situation has always been in the interior. I have 
been precluded from the advantages and facilities which result from familiarity 
with matters of navigation. As to drag-nets, I should like to see that word de- 
fined. Does it mean something which is to rake the bottom ? I ask the honor- 
able chairman of the committee if that is its meaning.? If it means to drag on 



Perscnal Pique Demoralizing in the JSfamj. 479 

the bottom, I think I have been robbed of the use of rny drag-net ; I think the 
distinguished Senators have got it. They have been applying it to Lieutenant 
Maury ; and I think there was some drag-netting done in relation to the facts 
which the venerable Senator from Delaware presented here. I do not know 
where he got them, but I know that he had them. It reminds me of an inci- 
dent that occurred with a mill boy. He went to the mill by a new direction to 
which he had not been accustomed. There were some insinuations that the 
miller was not the most honest man in taking toll. The boy, of course, used all 
his vigilance whilst there. He was standing about the mill, and observing every- 
thing to which his curiosity attracted attention. The miller thought he would 
get into an interesting conversation ; so he went to the boy and asked him what 
his father's name was. The boy said he did not know. " Well," said the 
miller, " where is he from ? " "I do not know," answered the boy. " Why," 
said the miller, " you know nothing." " Yes," said the boy, " some things ] 
know, and some things I do not know." " Well, what is it that you do know? " 
The boy answered, " I do know that the miller's hogs are very fat." " Well, 
what is it that you do not know.'' " " I do not know whose corn fattens them." 
[Laughter.] So I know that the Senator from Delaware had this information, 
but I do not know who gave it to him. The natural inference is that it was no 
enemy. 

I come now, sir, to speak more particularly of the action of the naval retiring 
board, and the law by which it was created. I believe that law is universally 
condemned. It is possible that the chairman of the Committee on Naval Af- 
fairs, and both the Senators from Louisiana, think it not only constitutional, but 
very proper. For my part, however, as I said before in speaking of this sub- 
ject, I regard it as a most odious law, and it has been most odiously executed. 

What was involved in that measure ? The efficiency of the Navy — our whole 
national marine. The safety and glory of our country were involved in that 
measure. Was it ever considered as such a measure ought to have been ; or 
was it skillful engineering that drove it through the Senate, that carried it 
through the other House, and that is now endeavoring to sustain it by an over- 
whelming influence } I sliall not omit to state what that influence is. But I 
ask you, what obligation rested on tlie officers constituting this board.'' Did 
the obligation of an oath rest upon them ? Were they sworn to discharge 
their duty, and the trust confided to them, impartially .'' Or were they 
invited by sinister considerations to violate the trust, and fail to discharge the 
obligations which duty imposed on them ? Had they not most seductive influ- 
ences held out to them .'' What were they ? Promotion ; to take the place of 
others, or to keep them out. Sir, this was the situation in which they were 
placed. They had every motive to disregard the rights of others, and consult 
their own interest ; and they had no obligation but selfishness to constrain 
them to the discharge of their duties, or restrain them from the disregard of 
their duties. 

Sir, we are told — and it is the voice of wisdom speaking to us — " that no man 
can serve two masters. Either he will hate the one and love the other, or he 
will hold to the one and despise the other ; ye can not serve God and mammon." 
These men could not on this occasion serve their country and serve themselves. 
They could not serve those whom ihey had regarded as friends heretofore ; be- 
cause, if they retained them in their situations, it gave themselves no promotion 



480 Houston's Literary Hemains. 

These men had to sacrifice and strike them down. They did not take the three 
senior commodores to revise and prune the navy, who could have had no incen- 
tive but impartiality, and whose honor might have been relied upon. Commo- 
dore Stewart said that even they were not sufficiently informed to judge dis- 
creetly ; yet these men took the responsibility of making places for themselves 
under circumstances the most unfortunate. 

If you will permit me again, I will give you a quotation that is one of solemn 
import : " Have no fellowship with the unfruitful works of darkness, but rather 
reprove them ; for it is a shame even to speak of those things which are done of 
them in secret." It was a secret tribunal — an inquisition that struck down all 
alike. You may seek to compare it with the regulation of the army of the 
United States in 1815, and at other times; but there is no analogy between 
them. There the senior officers were selected. Why were they selected ? 
Because they had no incentive to disregard the rights of subordinates, and ac- 
cording to their information they could retain or they could strike down or re- 
move. There was no indelicacy, no injustice in that. The object of that was 
to retain efficiency; but it was not a measure like this. They could remove no 
superior. The law did not give them that power, but they could recommend 
for retention by the President of the United States such officers of the army, 
subordinate to themselves, as they thought proper or right. They might have 
had personal likings or dislikes, but these could not amount to much. 

How different was the case here ! Fifteen men were selected with power to 
gratify all their dislikes, to embody and band together all their antipathies, their 
aversions, their private slanders, their defamation if they chose, and with power 
to resort to the cumulative records of the Navy Department, running back for 
not less than thirty years. I was charged by the venerable Senator from Dela- 
ware with having gone back as far as 1838 and 1840 to call for information in 
relation to these gentlemen. I did not think there was anything very wrong in 
that ; but here I find that Commodore Shubrick says they made " free use " of 
the records of the department ; and what kind o{ criteria are they } They have 
been accumulating for years. Every slander which was sent there in relation to 
an officer was filed. These men themselves might have been preparing for this 
occasion ; for more than five years ago it was designed to consummate this 
work, and bring about this " reform " in the navy. We may go back, in my 
opinion, to the period when this occurrence took place on board the 0/n'o, and 
such was Commodore Hull's opinion, as I think you will deduce from what I 
have read. 

What kind of impartiality was exercised by the board ? Could men act im- 
partially under such circumstances? Did they know with any degree of cer- 
tainty the character of half the officers upon whom they acted .■' But what have 
they done? Mark you, they had prepared a register a year before. They had 
been figuring and engineering on this subject. Some of these gentlemen the 
year before had drawn deductions, relying confidently on the consummation of 
this work, and I have no doubt a work of most iniquitous character. It was 
stated by the honorable Senator from Florida that there was no harm in these 
gentlemen dotting the register, and that there was no harm in the congress that 
was held in Commodore Skinner's office, which I narrated in my tbrmer speech. 
It was before they were appointed members of the board, but not before they 
knew that they would be appointed and indorsed ; and because they were un- 



Juat Sympathy for Worthy Officers Displaced. 481 

approachable they were placed above all responsibility and all law ! The selec- 
tion of one of them was a guarantee to any act which they might indorse ! 
They were appointed by the President and the Secretary of the Navy, and their 
conduct is not to be questioned ! 

What does the honorable Senator himself say, who is the chairman of the 
committee? He says he has no doubt that it was perfectly just and right that 
they should do — what? That they should retire, furlough, and drop, just as 
they did. From what do you suppose he deduces that fact? Why, he says that 
the year before he made a calculation himself — not being an officer of the navy, 
i>ot being personally acquainted with the navy, living at Pensacola, where a few 
ships touched annually — and that out of one hundred whom he marked, ninety- 
nine were dropped or retired. Do you think there had never been any conclave 
sitting here, ordaining who should be dropped or retained, long before the bill 
was passed — dropping men, not because they were inefilicient, but because their 
places were supposed to be necessary either to members of the board, or to 
friends and relatives who were to be promoted by the removal, retiring, or 
dropping of these gentlemen ? Is it fair that men should thus be stricken down 
with every evidence of interest on the part of those who did the act ? Should 
the country be thus essentially injured without redress ? Is there to be no jus- 
tice, no sympathy, nothing but taunts and insolence to the unfortunate, and 
those who are stricken down without demerit ? 

Sir, the honorable Senator, the chairman of the committee, spoke of officers 
who were dropped, and officers who were disrated, occupying a place in the 
gallery — audiences by prearrangement — when I spoke. I believe it was re- 
peated by the Senator from Delaware [Mr. Clayton], though it is not to be 
found in his speech, that the ladies of those officers were here. What a high 
crime on the part of men who have been stricken down and dishonored ! 

Mr. Mallory. The Senator does not mean to misrepresent me, I know, but 
I desire to call his attention to the fact that I made no such remark. Although 
I have never seen the notes of what I did say on the occasion to which he 
alludes, and never read the report, I am confident that he will not find that I 
alluded to any officers furloughed, retired, or dropped, being in the galleries. I 
did say that when I saw the galleries, on the occasion referred to, I knew what 
was to come. That was my remark. I did not refer to any officers being there. 

Mr. Houston. I suppose the honorable chairman of the Naval Committee 
means that the whistle was to come. I did not intend that at the time myself, 
so that he knew more than I did. I perceive that was a misfortune for me. I 
wish I had never learned to whistle [laughter], but I might have learned to blow 
a trumpet. Trumpeting and whistling were coupled together in the letter to 
Thorburn, and I might have illustrated it very well without whistling, by blow- 
ing a trumpet. [Laughter.] 

If the distinguished Senator did not refer to that, the Senator from Delaware 
did. Have men no right to entertain anxiety for their sullied honor, for their 
blighted prospects, for their dishonored name ? May not the partners of their 
woes and joys — the mothers of their children — the companions of their cares — 
who feel interested in their honor, be permitted to sympathize with their sor- 
rows? To forbid this would be worse than the worst despotism. It is a tyr- 
anny that chains the mind, and renders the freedom of limbs a reproach to the 
possessor. What woman would not feel for a husband — she whose anxious 
31 



482 Houston's Literary Remains. 

care, whose deep solicitude, has pursued him when tossed on the billows of the 
ocean, when borne before the fury of the storm, when struggling in the battle 
breeze ? Is she not to be permitted to feel for that husband ? I pity the Gov- 
ernment that can forbid such feelings, and its Senators who forget their duty to 
themselves. 

I have not the pleasure of seeing in his seat at this moment my friend, the 
Senator from South Carolina [Mr. Butler], but we have had, on several occa- 
sions, little spats on the floor, always awakening some new and pleasant emo- 
tion in my heart toward him. Sometimes he is a little sharp and razorish in 
his remarks; but still I like him. That Senator and myself, I am proud to say, 
on this occasion concur in opinion. 1 have always admired the gallant State of 
South Carolina. If there is pure and unadulterated chivalry in the world, you 
will find a portion of it in South Carolina, in the descendants of the Huguenots. 
Sir, a noble son of South Carolina has recently been tried in every station. He 
has performed feats of valor that neither corsair, nor commander, nor snilor, 
has rivaled in the last five centuries. I allude to Rolando. His generosity is 
only equaled by his sterling and indomitable courage. His bearing is that of a 
gentleman, and his courage the flint — it always reflects the fire when brought 
in contact with steel. When the poor, miserable Chinese were perishing, and 
when all the ship's crew dared not offer assistance, Rolando volunteered, and 
saved five hundred and thirty out of six hundred. In a few moments more they 
would have perished. He rescued them ; and in two successive fights with the 
pirates he performed feats of courage the most daring and unexampled in mod- 
ern warfare. He was stricken down ; and, as an apology for that, what is pre- 
sented ? An insinuation is brought against him by the venerable Senator from 
Delaware. I wish he were here. What did he say ? That the reports of his 
shipmates, or the officers of the ships, would justify the finding of the board. 
They were all retained, and my inference would be that it was a mistake in the 
board to retain any of them, if they condemned Rolando. Formerly, if un- 
equivocal charges of delinquency and crime were furnished, men were stricken 
from the rolls, and the act was never called in question. It is different now. 
Ah ! sir, he had excited the envy of these men. None would be willing now to 
put their chivalry or valor in competition with his. I hope it will never be 
done. I want reason ; I want legislation ; I want national justice to restore 
these officers to their proper places ; but I wish no bloodshed ; I would dis- 
courage it ; but if it rested on that test I should feel assured of the capacity of 
those who have been stricken down. 

But now an insinuation is made against Rolando. When I called upon the 
Senator from Delaware, and asked him to state the facts, he said, "Call on his 
brot;her officers — call on his captain ; he will sustain what I say of him." Still 
further, he said it was all I would get ; but it would justify the board in their 
finding. That is what I call branding a man with an innuendo. The venerable 
Senator was not willing to exhibit the arrow, but he was willing that the poison 
should be infused into the wounds of Rolando's insulted feelings — he was will- 
ing to attack his honor and reputation. He would not name the facts ; but he 
referred us to officers at Norfolk, as if a Senator could rise on this floor and go 
on the wings of the wind to Norfolk and get the hearsay of officers who had 
been with Rolando, and who had filed, in compliment to the Department or the 
officers of the board, some censures on him. In the Senator's innuendo there is 



Lieut. Maury's Eminent Service Dishonored. 488 

not one word of truth. If I catch a man in one mean thing I am willingto ex- 
tend my suspicion to everything that he does. The course of the Senator on 
this point reminds me of a story which I heard of a manufacturer of Bologna 
sausages. An individual had a habit of loafing about his premises and eating 
his sausages until he became very troublesome, and the manufacturer thought 
it proper to give him a gentle intimation that he was rather too familiar, and 
that his services could be dispensed with. He went off, and immediately slan- 
dered the establishment. The manufacturer being informed of it, called upon 
him and told him that he had heard he was telling stories about his "sassen- 
ger" establishment. [Laughter.] He said, " I understand you have reported 
that my Bologna ' sassengers ' are made of dog's meat." [Laughter.] He re- 
plied, " I never reported any such thing." " Well," said the man, " I am exceed- 
ingly glad of it, because I heard that you had done so ; but if you say that you 
have not, it is sufficient." He said, " I did not say it, but I will tell you what it 
was that I did say. I said that where Bologna sassengers were plenty dogs 
were scarce." [Laughter.] 

Now, Mr. President, how was it with the venerable Senator from Delaware ? 
He would not say directly that Rolando was intemperate, but he insinuated that 
he was, because that was the charge against him. He was willing on that in- 
sinuation to ruin his prospects. I have the pleasure of an acquaintance with 
that gentleman, and I know no more gallant man. I have seen him in the 
prime of life, and I consider him to possess all the efficiency requisite for a sailor 
of the highest order; but he has been stricken down. 

But, sir, the venerable Senator went further, and alluded to the case of Lieuten- 
ant Maury. I received a letter this morning, to which I beg leave to refer, as it 
is usual in the Senate to allude to letters which members receive. A gentleman 
who had seen some of the speeches in the Senate on this subject — perhaps 
those of the Senators from Georgia — said, in writing to me, that he had perused 
those speeches with great pleasure : and remarked, further: 

" I see that they have adverted to Lieutenant Maury, and that he has been 
one of the victims of this board who has been struck down. I have never seen 
h-im ; but I have considered his fame as coextensive with th& world ; and I have 
looked upon him as the first officer of the American navy, and my friends all 
around me think so too." 

That was his opinion ; and I venture to say it is the opinion of the country at 
large; but this board of fifteen, in their small dimensions, did not think so. Of 
course they could not envy Lieutenant Maury ; for we are told by the venera- 
ble Senator from Delaware that they retained gentlemen of superior science to 
Lieutenant Maury ! Of two of the scientific gentlemen who have been re- 
tained, to whom he alluded, I take great pleasure in speaking, because I have 
respect for them ; and I will give my reason for not mentioning the others. 

I have respect for Gibbon and Herndon. They have contributed to science 
and to the honor and usefulness of their country. I have no objection to inter- 
pose to the assertion as to the retention of scientific men, so far as regards those 
two cases; but I can not consent to include others who ha\e been receiving 
official preference and favor, and who have been promoted by the action of this 
board, or had a hand in it. It is immortality enough for them that they were 
indorsed by the "immortal fifteen." They have passed the ordeal of the 



484 Houston's Literary liemains. 

slaughter-house of reputation. Let that be their indorsement. What I say, 
humble as I am, is to become history, and I will not give them immortality by 
stating- their names. They do not deserve it, and I will not do it. They may 
look for fame to what the venerable Senator from Delaware said of them ; 
though I believ^e he has no indorser ; but as it was his "sincere testimony,'' I 
suppose it will pass current. [Laughter.] They are the men who happen to be 
retained. 

I am perfectly aware of what has produced this excitement. I have not had 
persons contributing to my means of information who had access to the Navy 
Department. I have not had such persons to run to the department for me and 
obtain every musty document that would assail the reputation of any man. 
But, Mr. President, when you compare the documents which I have read and 
the evidence on which I relied, with that introduced by the venerable Senator 
from Delaware, I think the inference must fairly be drav/n that I am less ob- 
noxious to the charge of having used a drag-net than that Senator himself. 
How has he assailed Maury? He has gone back for fifteen years. I can very 
well understand the object of the venerable Senator in that. He did not intend 
to insult the Senator from Tennessee [Mr. Bell], who had taken an interest in 
Maury's case. He read from a speech which I had made, where I said that I 
had been Maury's patron, and was proud of it. Sir, I am, I was, I will be, 
proud of him ! I feel that he has been wronged ; and I hope that he will be 
redressed, and that the country will be benefited by honoring him with what he 
deserves. 

But what has the venerable Senator from Delaware done ? Was it necessary 
for the examination of any matters connected with the action of the board that 
he should present what he did present in regard to Lieutenant Maury ? I did 
not go into the personal affairs of Mr. Du Pont or other gentlemen ; but he 
went into the personal affairs of Mr. Maury. He commented on the present 
salary of Lieutenant Maury as if he were not entitled to it by law. He spoke of 
the vegetable garden, the kitchen, and the cart-horse allowed him. The Senator 
traveled over every intermediate step, beginning at the pedestal of his fame, and 
going down to the very mud of his garden. That was to assail and mortify the 
feelings of that man who honors his country. As Franklin contemplated and 
grasped the philosophy of the clouds and tamed the fierce lightning of heaven, 
so Maury has fathomed the ocean, and controlled by his calculations the fury 
of the storm and the violence of the tempest ; he has mastered the waves of the 
ocean, and played familiar with her name. Can the Senator tarnish his name.? 
Never, never; the attempt to do it will only make the country suffer. 

Sir, the name of Maury is endeared to every American heart. It is a name 
that will live as long as the odium which attaches to the inquisitorial action of 
the retiring board shall be remembered ; and that will be forever. If the ven- 
erable Senator from Delaware had only confined himself to the use of a drag-net 
on these officers, and had not employed official scavengers and pimps to minis- 
ter to his appetite, and enable him to assail Maury as he has done, it would 
have been well for him. 

But, sir, what is the tremendous influence that is brought to sustain this 
board? Look at it. There is the Executive of the nation. What has he done? 
Has he not indicated the strongest disposition possible to sustain the board ? 
What has the Secretary of the Navy done ? Has he not imitated the example? 



Jefferson's Act as to Navy Misconstrued. 485 

Are there not many things contingent on the conlirmation of the nominations 
here made? I suppose, when some individuals were taken off, it was said to 
them, " My dear fellows, be contented ; do not be anxious ; do not be like these 
rude men, these noisy fellows around h re ; we will take care of you ; you will 
be provided for." If a midshipman is wanted, they say they can not do any- 
thing until we confirm the nominations sent to the Senate. On that hangs 
everything. There is an influence which is now suspended over the Senate, and 
over the destiny of this nation. Is it not tremendous ? With the patronage of 
the Government this is a Herculean influence — one dangerous to the liberties of 
the country. All these appliances are to be brought to bear upon us. Sir, I 
shall resist them, and I indorse the expression of my friend from Georgia [Mr. 
Iverson], who said that he would rot in his seat before he would ever vote for 
the confirmation of one of these nominations, until justice shall be awarded to 
the officers wlio have been wronged. 

It is very strange that the venerable Senator from Delaware should have re- 
ferred to Jefferson's action in the reduction of the navy about iSoi, when it was 
determined that he should retain but nine captains. I do not recollect the par- 
ticulars of the case, but he was to retain a certain number. Mr. Jefferson re- 
tained two more. It is said, however, that he reduced the navy at his own 
option. True ; but Congress had passed a law for that purpose, and Mr. Jeffer- 
son did nothing selfish in the matter ; he acted for the good of the country. 
He used a large discretion, because he retained two more officers than were 
provided for in the law. There is a discrepancy between the record and the 
law, but the inference is that Mr. Jefferson deemed it indispensable to the serv- 
ice, and exercised a discretion which had been through courtesy awarded to 
him. 

I come now to the case of Captain Stribling. I have no disposition to assail 
any gentleman ; but he has obtruded himself here. He was a member of the 
board, and I hold him accountable, as I do its other members, for its action ; 
but let us see whether his conduct comes up to the standard necessary to deter- 
mine the merits of others. When 1 last spoke on this subject I charged him 
with one fact, on the evidence furnished me by an official record — the report of 
the inspecting officers at New York. I only read a report, and fairly commented 
on it. He rendered an excuse, which I also read. What did it amount to? 
Nothing — less than nothing. It was no apology ; and yet the Secretary of the 
Navy was perfectly willing to receive it — in the way in which it was intended — 
as a blind. If any man of common-sense — any sailor will compare the facts re- 
ported there with the duties of an officer, he will be satisfied that Captain Strib- 
ling did not discharge his duty as an officer ought to have done ; and that his 
ship was neither in an efficient condition nor in proper order to sustain the 
honor of the country's flag, if it had been assailed. The ship might have been 
sunk before he could discharge a gun. 

How is it with Captain Pendergrast ? I was struck with the analogy between 
what both Captain Pendergrast and Captain StribHng alleged as reasons for the 
condition of their ships. I will show here — and any person will find it who 
chooses to examine the explanation given by Captain Pendergrast when he was 
in charge of the Saranac in the West Indies — that he does not deny one solitary 
fact. He breaks out in expressions implicating Lieutenant May, but does not 
answer a solitary charge which is brought against him ; nor does he explain his 



486 Houston! 8 Literary Remains, 

conduct. He merely says that he did not do what he ought to have done, be- 
cause he thought so and so. He did not drill his men for fire, nor train them for 
anything but passing powder. They all passed powder well. But what is pow- 
der without ball and without the other facilities which give efficiency to its use } 
I will read what Lieutenant May said in regard to Captain Pendergrast. On 
these charges he was never arraigned— never tried. This is a key to open the 
mysteries of the Navy Department, and it will show why reform has been neces- 
sary, and where the default was, and where the error originated and now exists. 
Lieutenant May, as far back as the 13th February, 1852, says: 

" I have to charge Commander Pendergrast with neglecting and failing to 
put this ship, the Saranac, under his command, in fighting order ; and also, in 
the important arrangement against fire, neglecting to muster the crew at sta- 
tions. From June 10, 1851, the day Commander Pendergrast took command of 
this ship, till the 24th day of December, the crews of the guns were exercised 
but once (as the log-book will show), and that only time was on the ist day of 
September, a few days out from Norfolk, on the passage to the Havana. Thus 
it will be seen that in the period of longer than six months, or one hundred and 
ninety-six days, the guns' crews were drilled at great gun exercise but once, and 
from the lOth day of June until January 19, 1852, the ship's company were not 
once mustered at fire stations, and on that day, the 19th, were mustered for the 
first time, from the fact, it may be presumed, that on the previous evening the 
alarm of fire had been raised on board the ship. These startling facts speak for 
themselves ; the log-book of the ship, and the testimony of the officers, will bear 
me out in them ; and if anything could make more culpable such unprecedented 
neglect, such apathetic indifference to the condition and efficiency of the ship, it 
is the fact that at this very time we were engaged in a delicate and responsible 
charge growing out of the Cuban difficulties, at any moment liable to have in- 
volved us in difficulty or collision ; and, of later date, in the same unprepared 
state, we sailed from Pensacola for San Juan de Nicaragua to investigate the 
Prometheus difficulty, which, happily for the credit of this ship, was peaceably 
settled." 

He never was called to account on these charges. Whether true or false, it 
was the duty of the Secretary of the Navy to bring him to trial. They were 
substantiated by a respectable officer, whom for some reason the board retained 
on the active list ; so that he has an indorsement by them ; and yet these charges 
still remain in the Navy Department. 

Mr. Houston here gave way to a motion to adjourn. 

Tuesday, April 2\, 1856. 
Mr. Houston said : Mr. President, when the Senate adjourned yesterday upon 
the motion of my friend from Tennessee [Mr. Bell], I was engaged in making 
some remarks in reference to certain charges preferred against Captain Pender- 
grast by Lieutenant May, of the United States Navy. Those charges were of a 
most grave and imposing character. They remained in the Department, and are 
yet there upon file ; they were never withdrawn. No action was ever taken 
upon them. Tiiey should have been adjudicated. They were preferred by an 
^fficer of high character and reputation in the navy of the United States. It 
can not be charged that he is one of those disaffected toward the board ; it can 
not be said that chagrin and mortification have influenced him ; for he has been 



Secret Proceedings of one Naval Board. 487 

retained on the active list of the navy, and is now in commission in active serv- 
ice. These charges were of a most grave and important character. Captain 
Pendergrast was charged with being deficient in every point of his duty. He 
had failed in the e.xercise of his crew. He had failed in every part of his duty 
tha-t was calculated to giva efficiency to his command and efficiency to the navy 
of the United States. With all these charges staring the Secretary of the Navy 
in the face, he selected him as one of the members of this retiring board. He 
was one of the individuals who was to determine on the merits and demerits of 
his fellow-officers, not merely those who were subordinate to him in position and 
rank, but he was to pass upon those who stood before him on the list of the 
navy. He was placed above all responsibility ; he was not accountable for his 
action to any one ; nor was he acting under the obligations of an oath to dis- 
charge his duty upon that board according to law or according to conscience. 
He was not restricted to any other rule than that of caprice, or whim, or preju- 
dice. 

We find that, notwithstanding all these charges were before the Secretary, he 
indorsed Mr. Pendergrast as a gentleman of high honor, and placed him in this 
high position, irresponsible to the law or to the Constitution. Sir, it was not 
considered necessary that he should arraign the individuals upon whom he passed 
judgment. They were to have no hearing. There was no investigation of their 
case, except that which took place in this secret tribunal — this secret inquisition. 

Mr. President, if there were no other reasons for condemning the action of 
this board, and subjecting it to repeal or revision by the Congress of the United 
States, the very character of it, its secrecy, the irresponsibility of its members, 
and all the attendant circumstances, make an appeal to the justice and judgment 
of the Senate and Congress of the United Stales. Though they have received 
the indorsement and approval of the Secretary of the Navy and the President, 
they stand before this body subject to its investigation, consideration, and ac- 
tion. If a charge was made against a pirate the most abandoned, whose 
hands had been a thousand times washed in the blood of innocence, who had 
violated every law, human and divine, who had set himself up as the avowed 
and common enemy of mankind — if he had lived and acted, and perpetrated 
crunes under the black flag and the human bones painted red to display the pro- 
fession which he followed, he would have been entitled to an examination, he 
would have been favored with a trial, he would have been arraigned and brought 
before a tribunal where he could confront the witnesses against him, and where 
counsel would be accorded to him. 

One of the officers who received a blow from this tribunal had twice triumphed 
over pirates; he had rescued commerce from their depredations, and human be- 
ings from butchery by their barbarous hands. I alluded to him, yesterday, as 
one who had performed most gallant feats. He was struck down by this board, 
dishonored in the early prime of manhood and efficiency, without a hearing, a 
trial, or arraignment; when the very miscreants from whom he redeemed so- 
ciety were permitted a privilege which was denied to him. Can you impose on 
the common mind of mankind the belief that the proceedings of this board 
were in accordance with the genius of our Government, or with justice and 
truth ? It can not be done, sir. The officers who were passed upon by the 
board were not permitted to be heard in their defense, and no examination 
whatever took place. What was the rule by which their cases were determined? 



488 Houston^s Literary Remains. 

Documents that were filed in the Navy Department — and of which the chair- 
man of that board assures us " free use " was made, running baclv for a long 
lapse of years, in some cases from fifteen to tiventy years — were brought before 
the board. The archives of the Department were ransacked, and charges that 
h^d lain in the musty pigeon-boxes of the Department were raked up, and offi- 
cers were adjudged on such evidence. 

Sir, who was here to examine into the charges preferred against Captain Pen- 
dergrast ? Who was there on that board to examine the charges filed against 
various members of it, and upon which they had never been arraigned } If they 
arraigned officers on actions of the past, it was an ex post facto proceeding, vio- 
lative of the Constitution and the chartered rights of every American citizen, 
whether in public or in private station. The law could have no operation upon 
such events. Why .'' Because they had transpired before the enactment of the 
law. But, sir, were officers adjudged by such considerations ? Yes ; and by 
rumors that had long gone by. They v;ere not arraigned on facts in reference 
to their present condition in the navy. The charges against them were not of 
recent date, for the board went back for a quarter of a century, and with the 
address of scavengers imputations were brought up by them against the charac- 
ter of their brother officers. They were not heard on the subject ; no intimation 
or suggestion was given to them that they were to be tried on these matters 
susceptible of explanation ; but they were condemned by men against whom 
flagrant offenses and delinquencies had been charged, and those charges still 
stood on the files of the Navy Department. Sir, can you call these proceedings 
just.f" Was it in the contemplation of the officers of the navy, when they en- 
tered the service, that these were to be the criteria by which the character and 
claims of gentlemen and officers and their places in the navy of the United 
States should be determined.'' I think not. 

Under these circumstances, is it possible that the Senate can sanction such 
inquisitorial proceedings and such condemnatory acts as grew up under influ- 
ences of this character.'' They were never contemplated by the law. It is to 
remedy these evils that we urge the appointment of a special committee — and for 
what purpose .'' To ascertain the facts. Will not the members of that commit- 
tee be doing what they can to promote justice ? As gentlemen, selected from 
this body for the impartial investigation of the subject, they will, of course, do 
all they can to bring forth the facts. By their examinations, the truth can be 
elicited ; the imputations, reports, rumors, and hearsay, on which officers were 
stricken down, can be compared, analyzed, and dissected by the Senate, and a 
just judgment deduced from the evidence which may be brought forward. 

But, sir, it has been suggested that the appointment of such a special com- 
mittee will be a reflection on the Committee on Naval Affairs. I do not think 
so. The gentlemen of that committee have already had sufficient employment 
in the investigation of this subject. The elaborate report which they have made, 
and the investigations to which they have devoted themselves, have already 
consumed a sufficiency of their time and absorbed their minds. They have 
made a report to the Senate, and I believe they are unanimous in their conclu- 
sions, that no specific redress ought to be granted to individuals, except to a 
partial extent, under the discretion of the President of the United States. I do 
not intend to cast the slightest reflection on him, for it is not necessary to the 
impartial investigation of this subject ; but we are all too well acquainted with 



Special Committee Needed. 489 

human nature not to know what would be the result of leaving- it to his discre- 
tion. What would be his situation ? He has already indorsed the action of the 
board. He has played subservient to them. He was their minister. He acted 
in accordance with their suggestions and dictation. For the sake of consistency 
he would feel that he was bound to carry out their action. If he should come 
to that conclusion, what redress would be granted to individuals who have re- 
ceived the malediction and brand of this board } What officer who has been 
disrated would be benefited by being commended to ihe justice or the charity of 
the President and Secretary of the Navy } Would not the influence of those 
who concurred on the board be united in constraining the President to uphold 
his former decision for the sake of consistency, no matter who were the sufferers ? 
The President would feel a natural inclination to be consistent ; and he has 
already sustained the board's action, upon the suggestion that they were con- 
strained to act as they did, that they acted to the best of their knowledge, that 
they were actuated by high and honorable feelings, such as should prompt gen- 
tlemen under similar circumstances. If Congress does not render justice, no 
truth, however glaring and potent, will be sufficient to reverse their irreversible 
decrees. I know that the Secretary of the Navy has acknowledged that injustice 
was done to individuals ; but who are to be the beneficiaries of this acknowledg- 
ment? Adopt the proposition of the Naval Committee, and it is matter of 
favor — it is confided to executive discretion. Think you, then, that it would ex- 
tend to all who have been injured and who seek redress ? Men of irreproach- 
able and spotless character — men who were never delinquent for a moment in 
the discharge of their duties, and always met every requisition made upon them, 
have been disrated by this board, and are here asking for redress. I say it is 
your duty to give it to them. 

Well, sir, is it disrespect to the Committee on Naval Affairs to say that a 
special committee shall be created for the purpose of making an impartial ex- 
amination into the facts of the case of each officer whose memorial has been 
presented to the Senate.-* No, sir; it is not disrespectful. I should be disposed 
to think that the gentlemen of the Naval Committee would feel a delicacy in 
taking cognizance of any matters connected with the subject, inasmuch as they 
have already expressed their opmions. They have made an elaborate report, in- 
voking every possible aid, direct and collateral, to their support; and they have 
quoted a succession of reports of the Secretary of the Navy, from the time of 
Mr. Bancroft down to the present day, speeches made in the House of Repre- 
sentatives, former reports made to the Congress of the United States, opinions 
of comn^ittees, and everything else calculated to sustain the position of the 
board, but nothing that would show the injustice which has been done to in- 
dividuals — nothing giving any assurance that they had impartially investigated 
the subject. My desire is, that it shall be impartially looked into. Why } Be- 
cause I have a judgment to form, and I wish to have that judgment enlightened. 
I wish to hear the whole case. We have heard the advocates of the board ; let 
us hear the advocates of the metnorialists. Let us compare the statements on 
both sides — those favorable to the board and those adverse to it — with the array 
of facts that can be presented on either side. That is what I desire. This can 
be accomplished through a select commit; ee. 

For the purpose of more perfectly understanding this subject, and obtaining 
all the information possible, I had the honor of introducing into the Senate, 



490 Houston's Literary Hemains. 

some days ago, a resolution calling for the proceedings of a court-martial which 
grew out of the action of the board, and in which some ill-feeling had been 
manifested. I was anxious to have the information brought before the Senate, 
not because I was acquainted with it, and believed it calculated to create a 
prejudice against the board, but because I wished to be enlightened and to be 
informed of all the facts in relation to the subject. A controversy had existed 
between some officers in relation to the action of the board ; one member of the 
board was held responsible for its action in one case, and ill-blood grew up be- 
tween one officer and a member of the board, which led to a court-martial. I 
wished to knov/ whether blame properly attached to the individual who was 
arraigned and tried by order of the Secretary of the Navy, or whether the mem- 
ber of the board was culpable and had proved recreant to his duty and his 
honor. I wished to judge of all these things. But, sir, what was the course of 
the Senate.'' Apprehending that ill-feelings, or a heated state of excitement, 
might grow out of the communication of the information, they declined to 
adopt the resolution. It reminded me, Mr. President, of a trial which took 
place not very far from here, before a magistrate endowed with a good portion 
of common-sense and considerable integrity, but not a highly educated man — 
not a metaphysician. When the parties appeared before him, after hearing the 
testimony on the side of the plaintiff, seeing a good deal of excitement around 
him, he ordered the court to adjourn, and went out hastily with some bustle. 
" Oh ! " said the people, " stop, stop, Squire, you are not going ? " " Yes," said 
he, "I have heard enough." "But," they said, "you have heard only half the 
case." "Yes," replied he ; "but to hear both sides of a case always confuses 
me, and I can not give my decision ; I am off! " [Laughter.] Judging from the 
nature of the opposition to the resolution, I fear the Senate imagined that, if 
they were to hear both sides of the case, they could not as readily decide on 
its merits as if they only heard one side, and that was the side advocated by the 
Committee on Naval Affairs. 

I am clearly of opinion that, if a special committee be raised, in accordance 
with the resolutions of the Senator from Georgia [Mr. Iverson], we shall be en- 
abled to elicit the facts in relation to the whole subject; we can call on the 
gentlemen of the board, and ascertain the reasons for their action in relation to 
particular individuals. Then we shall learn authoritatively whether they 
founded their action on rumor, hearsay, prejudice, or common fame. What 
would be the fate of the board if " even-handed " justice was but rendered to 
them ? According to the treatment which they have given to others, they are 
themselves obnoxious to charges sufficient to remove them for inefliciency, as 
much so as any officers whom they have removed. 

Sir, it is the elite of the navy whom they have stricken down in many 
instances, and others have been dropped who might well have been retired. 
Some men have been dropped who received the thanks of Congress, who were 
presented with swords and medals for their valorous deeds, and who seven 
times saw the British lion cower beneath the wings of the American eagle. 
They are sent adrift, in their old age— cut loose from every hope. Others, in the 
vigor of life, in the fullness of manhood, in the prime of chivalry and gallant 
bearing, have been stricken down. I will, in one particular instance, cal the 
attention of the S nate to the language of a gentleman who is eutit ed, by his 
associations, by his simplicity, and the laconic character of his memorial, to the 



Case of Lieutenant Brownell. 491 

consideration of the special committee, where nothing- can be smothered, but 
where the facts, glaring as the noonday sun, can be investigated, and a just 
award made on his merits. 

Mr. Mallory. Will my friend from Texas inform me to what particular 
officer he alludes, as having received the thanks of Congress, and having been 
seven times in victory — as I understand him to say — and who has yet been 
dismissed .-' 

Mr. Houston. Lieutenant Brownell. 

Mr. MalloIiy. I will ask the honorable Senator if he knows the fact that 
the officer to whom he alludes has never seen an hour's sea service in the navy 
in his life } He has held a commission, I believe, since 1837, and up to the hour 
that the board acted upon him he had never rendered at sea, on board of 
any vessel, an hour's duty, and he was annually reported in the Register as, 
" Sea service, none. " 

Mr. Toombs. I ask the Senator from Texas to allow me a moment. 

Mr. Houston. With great pleasure. 

Mr. Toombs. I have never in my life heard a statement, though true in it- 
self, which did so great injustice to any man as that just made by the chairman 
of the Naval Committee of this Ho;;se [Mr. Mallory]. Lieutenant Brownell 
entered the navy as a master at the beginning of the war of 181 2; he was 
in seven actions on the Lakes, and did himself the most distinguished 
credit, as is evidenced by the records of the Department. He was there 
throughout the entire war. After it closed he resigned, having been wounded 
and rendered unfit for sea service, as he admits. He re-entered the navy 
in 1 84 1 as a lieutenant, when he might have entered as a captain. And a 
Senator now rises in his place and says that he never saw a day's sea serv- 
ice. This is said of a man who fought on the Lakes during the whole war, 
who was seven times in action, and seven times assisted to haul down the 
British colors. 

The chairman of the Committee on Naval Affairs, by his statement, would 
have the Senate and the country believe that Lieutenant Brownell never did one 
day's sea service. Coming out of the war, wounded and unfit for service, he re- 
tired from the navy, and drew a pension for the wounds which he had received. 
He re-entered the navy in 1841 as a lieutenant, with all these facts known, when 
he might have entered as a captain. We are simply given the statement that 
since that time he has performed no sea service. I am at liberty to state that 
before 1849 his three years' service on the Lakes, during the war with Great 
Britain, and in the action of Commodore Perry, where he distinguished himself, 
were marked on the Naval Register, and it has been stricken out by the Navy 
Department unjustly, and without any authority. Those are the facts of 
the case. 

Mr. Allen. Mr. Brownell is a native of Rhode Island, and he never 
refused to go on duty until within a short time past, when he was suffering from 
the wounds which he received in the battles on Lake Erie. He was always 
ready, and had never declined to enter the service at any time whenever 
called upon. These statements I make at his request; he called on me 
yesterday, and desired that I should make them if his name should be 
Called in question. 

Mr. Toombs. Allow me to state another fact. He has for these serv- 



492 Iloust(m\s Literary Remains. 

ices received the thanks of the American Congress, and a sword was 
voted to him. 

Mr. Houston, And a medal also. 

Mr. Mallory. I would not, Mr. President, designedly do an act of injustice 
to any man, particularly one who has fought for his country, as it is alleged Mr. 
Brownell has done. I am not ignorant of Mr. Brownell's history in the navy, 
and I do him no injustice. So far as concerns the facts stated by the Senator 
from Georgia, perhaps he is better acquainted with them than I am. Mr. 
Brownell was an acting-master during the war. He entered the navy as a 
lieutenant, if I recollect rightly, in 1837. 

Mr. Toombs. In 1841. 

Mr. Mallory. I should like to know upon what authority it is asserted that 
he could have entered the navy as a captain ? The understanding of those 
somewhat familiar with naval matters is, that it was only after repeated effort, 
and effort in very high political circles, that he was admitted into the navy 
at all. 

I stated that, since that time — since he has held a commission in the navy, he 
has never seen an hour's sea service in the navy. He has received the pay of a 
lieutenant from 1837, I think, to 1855, without rendering sea service, while other 
officers of his grade have been performing it. In saying that, I do him 
no injustice. 

Mr, Toombs. Very great injustice, by not giving the rest of his history. 

Mr, Mallory. He received the thanks of Congress — not specially, but as 
every one did who fought in Perry's victory. I have simply heard, as I presume 
the Senator from Georgia has, that Brownell was wounded ; to what extent I 
have not heard. The intimation of the honorable Senator from Texas was, 
that this man, while in active service, was stricken down. Why, if I understand 
the Senator from Georgia correctly, Mr. Brownell never considered himself fit 
for sea service, but only for shore duty. I have nothing to say about his action 
on the Lakes. All that I say is, that he did hold a commission from 1837 
to 1855, and during that time you will find, opposite his name on the Register, 
" Sea service, none." 

Mr. Houston. Well, Mr, President, suppose he had only been qualified for 
shore duty; had he not, by his sufferings, by his wounds, by his gallantry, 
by the estimation in which his acts were held by the Congress of the United 
States, entitled himself to a shore situation for life, if necessary, or might he not 
have been placed on the retired list } Was he not dropped .'' 

Mr. Mallory. Yes, sir, 

Mr. Houston. Instead of being placed on the retired list he was dropped. 
He might have been placed either on the furloughed or the retired list ; but, no, 
sir; these memorials of his country s gratitude, the admiration and high approv- 
al of Congress, were enough to excite the envy of the men on that board who 
conspired to strike down members of the navy, and dishonor men equal to them- 
selves in position. 

How is it with the gentleman whose memorial I have now before me — Lieu- 
tenant Gibson, the first officer on board the ship with the gallant Ingraham, 
when he sustained your flag and your country's honor abroad in a foreign port, 
by not permitting a foreign hand to touch or defile the hem of the garment of 



Case of Lieutenant Gibson. 493 

even an imputed citizen of the United States ? What does Gibson say ? After 
respectfully presenting his case to the consideration of Congress, he says : 

" By the action of the late naval retiring board, I was placed on the furlough 
list. When that act was consummated, I had but a short time previously 
returned from a long cruise in the United States ship St. Louts. Having been 
her executive officer during the whole period of her absence from the United 
States, and having obtained from her commander (Ingraham) a letter testifying 
his satisfaction at my performance of the executive duties of the ship, I joined 
my family, and was with them enjoying an interval of rest after so long an ab- 
sence from them, conscious that I had performed my duty, with no thought or 
apprehension of approaching evil, when the letter from the Secretary of the 
Navy, notifying me that I had been put on furlough, came upon me like a blast 
of the hurricane, sweeping before it ail peace of mind, all comfort, and almost 
even hope itself. You may possibly imagine, sir, the feelings of a person thus 
circumstanced, on the receipt of such information, but it is impossible for me to 
describe these feelings. And why, I ask, have I been thus dealt with ? I know 
not. I, however, feel a perfect confidence that no charge can be established 
against me which can affect my efficiency. I therefore contend that the board 
have treated me most cruelly and taijustly." 

Has he not a right to say it ? Again : 

" I have never skulked from my duty, but have obeyed with alacrity the orders 
which I have received for sea duty. This is proven by the fact (as shown by 
the Naval Register of 1856) that I have Y>tx'ionx\td seventeen years and ezght 
months' sea service, which is within two months of as much sea service as has 
been performed by the commodore who acted as presiding officer of the naval re- 
tiring board, though that gentleman entered the navy exactly two years before I 
was born ; and I can also show, by the same register, that I have performed 
more sea service than twenty-six of the post-captains, and seve7ity-ni7ie of the 
commander'!, whose names are there registered." 

Is this an ordinary case .'' No ; it is an extraordinary one. Here a gallant 
man is struck down. The eloquence in which he describes his emotions can 
receive no additions from me. His language is the expression of a wounded 
heart, suffering under the pangs of wounded honor and lacerated feelings. It 
requires no embellishment. It has the bright embellishment of truth, prompted 
in its utterance by wounded honor. I will ask the honorable chairman of the 
Committee on Naval Affairs if this is not a case for the interposition of 
Congress ? How will you reach it.-* Through the action of the President ? If 
he had an opportunity to restore him to position and favor, would the naval 
board acquiesce in it? No, sir ; they would not. It would be a reflection on 
their judgment and on their action; it would compromise their honor, and the 
infallibility of their omnipotent judgment ! He has no chance but through the 
interposition of Congress. Hundreds are in a similar situation. Will you per- 
mit them to remain the degraded victims of personal hate, and spite, and envy, 
and jealousy — down-trodden, pointed at by their companions in life as disrated 
men ? Every avenue to success is shut against them. They have no opportu- 
nity of making their way through life ; for, if they are retired, or furloughed, or 
dropped — no matter though they were the souls of honor — no underwriter will 
underwrite for any vessel with these gentlemen on board as officers. No, sir ; 



494 Honstoii's Literary Remains. 

they are chut out. The insurance companies have adopted a rule, as I have been 
assured by gentlemen who took the pains to examine, that they will not under- 
write a vessel on which one of these officers is employed. If they had originally 
chosen to follow their profession, and obtain employment in the merchant marine 
of the United States, they would have found no impediment to their future suc- 
cess; but here every barrier is interposed by the action of this board — I will not 
say judgment of this board, for I believe judgment had nothing to do with it. 
I believe it was either caprice, or whim, or jealousy, or prejudice, or hatred, or 
envy; and that the higher impulses of the human heart, and the more generous 
motives of the soul, which inspire men to do justice, have never been called in 
requisition for one moment. 

I am sorry that the venerable Senator from Delaware [Mr. Clayton] is not 
now present. I desire now to allude to a circumstance on which he commented* 
and which will be recalled to the recollection of every Senator upon the mention 
of a name. That Senator spoke of the action of the board in the case of Com- 
mander Ringgold, of the navy, who was furloughed. I believe he spoke of it as 
a proper action of the board. When asked if the temporary delirium which he 
suffered had not existed only in one instance, the Senator said that he was sorry to 
say he had understood, or that rumor had said, that it was not the only instance, 
but that there were others. Now, to satisfy myself, having known the gentle- 
man for thirty years, I went to the Navy Department, and 1 found that, whilst at 
the city of Canton, in July, 1854, whither he had proceeded with his squadron 
during the revolutionary disturbances (at the urgent appeals of American citi- 
zens), in the performance of the sacred and paramount duty of protecting their 
lives and property, the officer, whose duty it was to do this, being absent from 
the coast on other important duty, he had been suffering severely from chills and 
fevers, and the surgeon had administered to him undue quantities of quinine, of 
morphine, and of the elixir of opium — quantities sufficient to derange the strong- 
est head. Without his knowledge, a medical survey was held on him by three 
surgeons, two of whom then saw him for the first time, and then only for a few 
minutes, while he was suffering from the effects of the narcotics ; as we have all 
seen a hundred men grow delirious under paroxysms of chills and fever, or in- 
termittent fever. The surgeons immediately decided that Commander Ring- 
gold was deranged, that it was a case of mental aberration, and went off. When 
he threw away these poisons, and was recovering, he asked that a re-survey 
might be granted to him, but it was denied, and he was sent hom.e under circum- 
stances that were sufficient to derange any man. The physician who came 
home with him, as will be found by reference to the records of the Navy Depart- 
ment, said he was perfectly sane, intellectually and mentally. Another survey 
was called for last June, and again it was reported that Commander Ringgold 
was perfectly restored ; that his health and intellect were as perfect as they had 
ever been, or as any man's could be. 

Was this the excuse which the board had for its action in his case ? Was it 
because, from indisposition, Ringgold had, on a survey, been ordered home 
under peculiar circumstances, which I will not here detail ? In the examination 
of the records I found Commander Ringgold's application for the command ot 
the expedition to the North China Seas. In that application to Secretary Ken- 
nedy he desired the command, if it should not be called for by any officer ol 
liigher claims than himself or his senior in the navy. No other officer called for 



Cane of Commander Hinggold. 495 

it. Commander Ringgold was aopointed, and his constituted one of the hand- 
somest expeditions which has ever sailed from an American port. 

But if this was the ground for the removal of Ringgold, is he the only one 
upon whom a survey took place ? No, sir ; I found in the course of my exam- 
ination that Captain Du Pont had at Rio Janeiro a survey upon his health, when 
he started for the East Indies, and arrived at that point in command of a beau- 
tiful vessel — a little ticklish, it is true, in managing, but one of the neatest craft 
in our navy. He found it necessary to request a survey. It took place, and he 
was condemned as laboring under a chronic disease, in which he had taken a 
relapse, and his life was in danger if he prosecuted the journey. He came 
home. Since then, I believe, he has got along very well. 1 have heard of no 
relapse. As it was a "chronic disease " then, I suppose it must have remained 
so forever, and has never left him. Here the very same man passed judgment 
on Ringgold, who had himself labored under a survey and condemnation. 
These are the farts. It will be found that from the very first moment when Ring- 
gold called for the survey under which he was condemned, up to the day when 
he sailed home, his correspondence with the commodore of the squadron con- 
tains as sane and pertinent letters as I have ever read from any gentleman in 
my life. Yet he was condemned, deprived of his command, and sent home a 
prisoner. These are the facts. From what I know of that gentleman, personally, 
if I had to sail on board a ship, there is no one in the service with whom I would 
sooner risk my life and personal security than with Ringgold. As to his habits, 
they are irreproachable ; as to his chivalry, it is unquestioned. His family have 
given evidences of it. He is the brother of the gallant Major Ringgold, whose 
blood was drunk by the thirsty soil of Palo Alto, and who fell a victim for his 
country's honor. But that was no plea in his behalf. He was too elegant a 
gentleman to escape the condemnation of this board. 

Lieutenant Bartlett, who was handed over by the venerable Senator from 
Delaware to the tender mercies of the Senator from Louisiana [Mr. Slidell], is 
another officer who is a striking example of the influence of prejudice against 
men of merit and capacity. There is something peculiar in his case, and the 
Senator from Louisiana has arrayed the facts and given us the secret. He told 
us that, being a connection of Commodore Perry, and seeing a certain corre- 
spondence, he felt an interest in the matter ; and what is the whole of it } Most 
strange, indeed, that he should have felt that Commodore Perry's honor was 
about to suffer, when I think that one of the most honorable acts which any 
gentleman could have done is the one that was imputed to him by Lieutenant 
Bartlett. It will be recollected that on one occasion Lieutenant Bartlett met 
Mr. Parker, and being shown a letter written to Mr. Parker that seemed to in- 
dicate a disposition entertained by Commodore Perry, favorable to the disrated 
officers, it made a deep impression on his mind. He sought an interview with 
Commodore Perry; and what was the consequence.'' It resulted in a very un- 
restrained communication on the part of Commodore Perry to Mr. Bartlett, 
which was transmitted by Mr. Bartlett to a friend, to whom he wished to ad- 
nrnister consolation — not with a view to have it published. That friend incon- 
siderately sent it off, and it was published. Thus it made its appearance in the 
newspapers. A mind heated, encouraged by the denunciations of Commodore 
Perry of the action of that board, would naturally recur to the most striking por- 
tions of that conversation, and identify them with any circumstance that held 



496 Houston's Literary Remains. 

out a hope of redress to the injured parties. He says that Commodore Perry, 
in the conversation, stated this : 

" I hope the day will soon come when the monstrous injustice which has been 
done to you and others will be corrected." 

Those are the words — " monstrous injustice," and that he should have re- 
peated them in connection with this letter is one of the most natural things in 
the world. He had not seen the letter for weeks ; but recurring to his conver- 
sation with Commodore Perry in detail, in order to corroborate that, he adverts 
to the letter to Mr. Parker. Can any one believe for a moment that Mr. Bart- 
lett intended to pervert the truth or to distort the facts? Did he not suppose 
that the letter to Mr. Parker was what he stated ? But hurried, excited upon 
the subject, his mind recurring to the strong expressions of Commodore Perry, 
he merely stated them as if they had been used in the letter to Mr. Parker. 
Could he have any bad motive in misrepresenting the letter? Did he not know 
that if he had misrepresented it he was liable to detection and correction at any 
time ? 

The Senator from Louisiana indulged in very harsh, and, as I thought, un- 
necessary remarks in regard to Lieutenant Bartlett. The peroration of the 
venerable Senator from Delaware, who deprecated the application of epithets to 
individuals who could not he heard to vindicate themselves on this floor, would 
have applied very forcibly to the remarks of the Senator from Louisiana. Lieu- 
tenant Bartlett had been distinguished. He had been in France three years on 
special service, and he had discharged all his duties there in a most enlightened 
and able manner. He came home lauded by our minister in France, as having 
with ability and capacity discharged his trust. He arrived here and adjusted 
his accounts ; and there is no record of one iota against him in the Department, 
but everj'thing is smooth and clear. To be sure, they did not pay him what he 
was promised. They were to give him a certain percentage on the money ex- 
pended, but they did not do it because he had drawn, and the money did not 
pass through his hands; but the responsibility on his part was the same. In- 
stead of allowing him this percentage they withheld some thousand dollars. 
But what of that ? Is there any officer in the army or navy who has had money 
to expend, that has not been called in question in his pecuniary adjustments ? 
Accounts are checked with great particularity, and it is no reflection on an 
officer to have disputes with officials here in reference to his accounts. 

But, sir. Lieutenant Bartlett was detailed on active service at the time when 
he was dropped. Why was he dropped ? Because it was rumored that he had 
done something improper on the western coast of the United States, when he 
was in command of the cutter Ezving. It was rumored ; but no fact was estab- 
lished, nor has it been to this hour, nor can it be; but that was the alleged 
ground on which he was dismissed. The true ground was, that he was an effi- 
cient officer ; that he was in favor of real reform of the navy; that he was not a 
friend of flogging; and was an advocate of temperance. Some people have an 
appetite for seeing others whipped, so that they escape the lash themselves. 
Lieutenant Bartlett was at sea at the time when he was stricken down ; and 
why ? Another gentleman who has been here, I think, for three years, had 
been ordered to sea. He was inefficient, and unable to go to sea; he obtained 
leave of absence, and was withdrawn. Lieutenant Bartlett was detailed to sup- 



Case of Lieutenant Barilett. 497 

ply his place ; and in thirty-six hours afterward, I believe, he was on board the 
ship. He performed the cruise with perfect satisfaction to the officer who com- 
manded ; and the gentleman whose place he supplied has remained, I am told, 
up to this time in Washington city, most comfortably quartered ; and, though 
inefficient, he has been retained on the active list, but he has not been pro- 
moted. Bartlett was one of the men who was willing and able to perform at 
sea an undue portion of service, because others had from disinclination refused 
to meet the detail made of them. 

As Mr. Bartlett has been handed over to the tender mercies of the Senator 
from Louisiana, I will hand over to Mr. Bartlett's tender mercies Mr. Missroon 
and Mr. Jenkins, witnesses who appeared against him before the Committee on 
Naval Affairs. I think, by the time the Senator get's through with all of them, 
he will find that it is a troublesome business to nurse them all. To the tender 
mercies of Bartlett I commend these gentlemen. He was singled out of all the 
memorialists before the Naval Committee for the purpose of examination ; and 
when he presented himself before that committee he asked to have the privilege 
of having counsel. Counsel were denied him ; witnesses were brought forward 
and examined — I do not know whether they were sworn or not, but they were 
examined as to his general character, his character for veracity — all pointing to 
this publication in the newspaper which has been indorsed, and which I con- 
sider of perfect validity, because Commodore Perry in two months has never 
controverted or denied a single word of it. 1 consider it indorsed by his silence, 
and deriving all the verity which it could have received from his absolute affirma- 
tive sanction. 

Mr. Benjamin. Will the Senator permit me to say a word ? 

Mr. Houston. With great pleasure. 

Mr. Benjamin. My colleague is absent, and I am not aware, of course, of 
those circumstances of detail which he obtained from Commodore Perry, and 
which are involved in the investigation of this quarrel — almost triangular I may 
call it. But so far as the Senator from Texas can draw any advantage from the 
supposed ratification of this statement by Commodore Perry, I beg leave to 
recall to his memory the fact that the last time when this subject was under 
consideration in the Senate my colleague distinctly stated that the extract from 
the letter which had been published in the New York Herald had remained 
unnoticed until some person would make himself responsible for it ; that 
he himself, after correspondence with Commodore Perry, had in his hands 
the means of rebutting this pretended statement of Commodore Perry's as er- 
roneous, to say the least — I believe my colleague used a harsher word, which I 
do not choose to repeat. He stated that it had remained unanswered only be- 
cause there was no responsible person to father it ; and as soon as the Senator — I 
think it was the Senator from Texas — informed my colleague that Mr. Bartlett 
was responsible for this statement, my colleague arose, and, on behalf of Com- 
modore Perry, denied it the very first moment that an opportunity was offered 
him. 

Mr. Houston. I would suggest to the Senator from Louisiana that it was 
the Senator from Georgia [Mr. Iverson] who made the statement to which he 
has just referred. 

Mr. Benjamin. It was the Senator from Georgia ; I was not quite certain 
in my memory. 
32 



498 Houston^ s Literary Remains. 

Mr. Houston. It was the Senator from Georgia with whom the Senatoi 
from Louisiana had the colloquy to which reference is made. I understood that 
the statement which the absent Senator from Louisiana had from Commodore 
Perry merely referred to the expression contained in the letter to Mr. Parker, 
and not to the general substance of the publication. It was particularly aimed 
at the quotation " monstrous injustice" 

Mr. IVERSON. In the conversation which occurred between the Senator from 
Louisiana [Mr. Slidell] and myself on the occasion referred to by the other 
Senator from Louisiana to-day, I gave the authority of Mr. Bartlett for the 
statement which purported to have been contained in the letter from Commo- 
dore Perry to Mr. Parker. The Senator from Louisiana contradicted it — not by 
stating anything, or quoting anything from Commodore Perry, but by submit- 
ting the original letter which had been transmitted to him, not by Commodore 
Perry, but by Mr. Parker ; so that really Commodore Perry has never said, di- 
rectly or indirectly, whether the fact be true or not. 

Mr. Benjamin. So far as that matter is concerned, I should like to put it 
right now. It is a very unfortunate circumstance that this controversy should 
arise during the absence of my colleague ; but the Senate will remember dis- 
tinctly that my colleague rose and stated that he had been waiting for some one 
who would take the responsibility of the statement which had been communi- 
cated anonymously to the Herald. It is true that my colleague did not read to 
the Senate any direct communication from Commodore Perry; but he gave the 
Senate and the country fully to understand that in everything that he said he 
was justified and authorized by private communications from Commodore 
Perry. He did not use any statement from Commodore Perry for the purpose 
of meeting this anonymous communication ; but he said that he knew Commo- 
dore Perry's views and feelings upon the subject; that this communication had 
been sent to him from Lieutenant Parker; that he had retained it in his posses- 
sion, with the full knowledge of Commodore Perry's views on the subject ; and 
had waited until some person should back this anonymous communication be- 
fore he gave it the contradiction which he thought it merited, and in terms 
which he considered justifiable under the circumstances. I make no commen- 
tary upon those terms. It is not my desire to enter into the discussion upon 
these grounds ; but I certainly think that during the absence of my colleague it 
is my duty, at all events, to recall the true state of facts to the Senate, so that 
injurious impressions may not go abroad, either as to the conduct of Commo- 
dore Perry, or as to the action of my colleague, who is now absent from his 
seat. 

Mr. IVERSON. So far as regards the quotation from the letter of Commodore 
Perry to Mr. Parker, which was made by Mr. Bartlett in the communication 
which I read to the Senate on that occasion, Mr. Bartlett himself has corrected 
it, and admitted the fact that he used too strong language in the alleged quo- 
tation. 

Mr. Benjamin. I understand that to be so. 

Mr. IVERSON. There is no controversy, therefore, on that point ; but it has 
been stated by Mr. Bartlett, and it was stated yesterday on the floor of the Sen- 
ate by the Senator from Tennessee [Mr. JonesJ, on the authority of a Senator 
of this body not now in his seat, and upon the authority of Lieutenant Gibson — 
and I presume the statement will not be controverted — that Commodore Perry 



Commodore Perry's Opinions. 499 

has, time after time, in the most public manner, without any concealment, and 
without giving any confidential character to his communications, condemned in 
the most unequivocal and decided terms the action of the naval board. That 
Commodore Perry has never denied, and no one, I presume, will ever deny it for 
him. 

Mr. Benjamin. I wish to say but one word more, if the Senator from Texas 
will pardon me. I do not pretend to know what Commodore Perry has said on 
the subject. The Senator from Georgia says that it will not be denied that — as 
was asserted yesterday — Commodore Perry made use of expressions condemna- 
tory of the course of the naval board. I know nothing whatever on that mat- 
ter ; but I do protest against any inference being drawn as to Commodore 
Perry's concession in regard to the truth or accuracy of these representations of 
his conversations, until my colleague, who is closely related to him, and vv^ho is 
in possession of his confidence on the subject, shall be in his seat, and shall 
have heard a statement of the conversations that are imputed to him. For 
myself, I do not pretend to deny — as the Senator from Georgia says that he pre- 
sumes no one will deny — these imputed conversations ; but I will say that until 
they come from some other source than Lieutenant Bartlett I refuse my credence 
to them. 

Mr. Mallory. If my friend from Texas will allow me, I wish to put him right 
as to one question. All this controversy in relation to personal matters I can 
not enter into, because this great naval reform does not depend on any such 
questions which may be put in issue here. Therefore 1 have not responded to 
the remarks which the honorable Senator from Tennessee made yesterday in 
referring to Mr. Bartlett ; I have not responded to anything which fell from the 
honorable Senator from Texas in relation to Mr. Bartlett, because the case was 
committed to the honorable member from Louisiana [Mr. Slidell], who will give 
proper responses to the ideas thrown out here in regard to Mr. Bartlett, which 
I have no doubt will be satisfactory to the Senate. 

But the Senator from Texas undertakes to comment on a matter which this 
body has committed to one of its standing committees — a memorial on which 
there is to be a report. That matter is before the committee, and is undergoing 
its investigation at this moment. What report the committee may make upon 
that subject is yet entirely uncertain. The Senator from Texas, however, un- 
dertakes to comment upon the conduct of the committee in that case. If he 
chooses to do that, 1 cubmit it as a matter of taste and propriety ; but I wish to 
correct him as to a point of fact in which he is mistaken. I presume that he 
has been misinformed upon the subject, because I am confident that he could 
not have derived his information from any member of the committee. The 
statement to which I allude is as to the investigation which is going on as to 
the veracity of Mr. Bartlett. 

The Senator said that the investigation pointed to the letter in the Herald, as 
if the veracity of Mr. Bartlett was to be dependent entirely on the issue of the 
controversy between Commodore Perry and himself. Now, I beg to inform my 
friend from Texas that such is not the fact. I have never asked a question, to 
my knowledge, in relation to that letter, the answer to which would affect the 
veracity of Mr. Bartlett in any degree whatever. The examination before the 
committee is entirely outside of that. It may come in, as a matter of course, 
though I should never ask a question about it. I merely wish to put my friend 



500 Houston's Literary Hemains. 

from Texas right, and to state that the acts of the committee are yet incomplete ; 
they are going on in their investigation, and will endeavor to acquit themselves 
to the satisfaction of the Senate. 

Mr. Houston. I really thought that I was out of this triangular contro- 
versy ; but the remarks of the gentleman who has just spoken appear to impli- 
cate me a little. I did not charge the gentleman with what he imagines ; but I 
said that, judging from the circumstances and from the declarations of the Sen- 
ator from Louisiana, it was clear to me that this publication in regard to Com- 
modore Perry had stimulated the member from Louisiana in the course which 
he pursued in the arraignment of Mr. Bartlett before the committee. I said 
that the questions which were put to the witnesses who were introduced were 
designed or calculated to invalidate his general credit and veracity. Am I 
right ? 

Mr. Mallory. No, sir ; I do not think the Senator recollects precisely the 
point which he made. It was that the investigation as to the veracity of Mr. 
Bartlett was all directed to this letter in relation to Commodore Perry, That 
was the Senator's remark. I wish to say that he is misinformed as to that fact 
entirely. 

Mr. Houston. At all events, his veracity and his general character were 
attacked by the witnesses — Mr. Missroon and others. I do not say that I un- 
derstand the information before the committee as well as the venerable Senator 
from Delaware. He said that, though he knew the proceedings of the com- 
mittee well enough, he would not state them. He was perfectly posted in rela- 
tion to the whole matter. I have no doubt, and I believe every word that he 
said as to his information. I have not alluded to this matter for the purpose of 
imputing anything dishonorable to Commodore Perry. I have respect for that 
gentleman ; I would not hurt a hair of his head; nor would I soil the hem of 
his mantle. I have respect for him ; and I have more respect than I before en- 
tertained for him since I have seen this publication, because it shows that he 
has a heart. If he had yielded to the importunities of the head of the depart- 
m nt, and given his time and attention to a board that was odious to him as a 
system of proscription, he is excusable; but he is now fully awakened to a sense 
of the injustice done to gallant men, and entertains an ardent hope that repara- 
tion will be made, commensurate with the wrongs inflicted. 

This was the amount of the conversation. 1 wish it known everywhere, be- 
cause I believe it veritable, and because Commodore Perry has never opposed 
one contradiction to it that I have heard of; nor did the Senator from Louisi- 
ana impu:e to Mr. Bartlett a want of accuracy or truth in any part of the state- 
ment which he' made, except in the quotation of the letter, and that I have al- 
ready explained, where the words " monstrous injustice " were substituted, from 
th-' deep impression which the conversation had made on him. He had merely 
seen the letter. His statement of it was written as a private communication, 
and not with a view of having publicity given to it; but that was inconsiderately 
done by the friend to whom it was sent. Mr. Bartlett, in writing to a friend, 
says : 

" I have spoken to you of a conversation held in New York, since my return 
from the coast of Africa, with Commodore Perry, the subject being the action 
of the late naval board, of which he was a member. I had also seen a letter in 
Commodore Perry's handwriting to Mr. P,.rker, son of Commodore Parker, late 



Pvllication in tlie ^'■New York Ileral(V 501 

a lieutenant, in which Commodore Perry compliments Parker, and then adds : 
' I hope the day will soon come when the tnonstroies injicstice which has been 
done to you and others will be corrected.' In visiting Commodore Perry I did 
not suppose he would be very communicative ; but he received me with so much 
warmth of feeling' and courtesy that I determined to express myself very freely 
upon tne wh£)Ie matter, and did so. The Commodore then said that he could 
not talk to me of my own case, being under implied obligations of secrecy to the 
board, but he would say that he abominated the action of the board ; that he 
had protested against its secret sessions ; that he had presented a resolution 
(which he had preserved) to have open meetings, or to that effect, which was 
voted down ; that he had been dishonored and disgraced by the action of the 
board, he being a member of it ; that he hoped he should soon be called upon 
to disclose his views of all that had been done there, and that, when called upon 
to disclose his views of all that had been done there, or taken place at the 
board, either before Congress or a court of justice, he would tell the whole 
truth ; that he had protested before the President and Secretary against such 
Star Chamber proceedings ; that he considered it monstrous in every way ; that 
it was a packed conspiracy against the honor of the navy ; that it had ruined 
his reputation, and he knew it ; and he also now knew that he had dona wrong 
there as little as he had done, and he was sorry for it ; that it was the first time 
in his life that he had been called upon to do that which had caused him to lose 
his self-respect, but that the action of a majority of that board had done it. 

"The Commodore also said, • that he hoped not one of the new commissions 
would be confirmed by the Senate till a full investigation could be had, and the 
shameful conduct of these conspirators exposed.' He said he did not make any 
secrecy of his opinions about this matter ; that the board had disgraced and dis- 
honored him, and he knew it. The name of Perry was in every way identified 
with the navy, and he had lost all interest in the navy, and would resign in- 
stanter if he had the means of living. He regretted that he had not given up 
his commission, if necessary, or placed it on the issue, rather than act ; and not 
to have done so he now sees was to set aside his ordinary sagacity ; regrets that 
he did not refuse to be even a conservative member of the board. The Com- 
modore also said : ' Sir, the board never imagined for one moment that all the 
list as the action of the board would be approved by the Secretary and the 
President,' but supposed it would be sent back for revision, and then, he said, 
' the conservative members of the board would have had some power, and could 
have compelled the conspirators, or these men, to do justice where so much in- 
justice had been done.' 

" Here is a confession from a penitent and suffering member, which his whole 
manner and action showed to be real. 

" The Commodore also said : ' Sir, if I was ordered to the command of a dan- 
gerous and important expedition to-morrow, I would tell the Department and the 
world that I would prefer to select my officers from those who have been dis- 
carded rather than those who are left. There is nothing but a bundle of sticks 
left: men who never did anything, and never will ; who never made a mistake 
because they never attempted anything." " 

Mr. Benjamin. Will the Senator from Texas be so good as to inform me 
from what authority he reads that ? Where was it published ? 



502 Housto7i's Literary Remains. 

Mr. Houston. This is the publication which has made so much fuss, and 
in it occurs the quotation whicli has been commented on in the Senate. 

Mr. Benjamin. Is it signed by Lieutenant Bartlett } 

Mr. Houston. Not at all. 

Mr. Benjamin. It is anonymous, then } 

Mr. Houston. It was recognized by gentlemen here. It was stated by 
the Senator from Georgia and recognized by 

Mr. Iverson. The Senator from Texas will allow me to say that he is 
under some mistake about that. I did not make any allusion to anything 
from Mr. Bartlett except the quotation of the letter of Commodore Perry 
to Mr. Parker. 

Mr. Houston. That is what I say. It is a quotation used in this publi- 
cation — it is all the same publication. 

Mr. Iverson. The Senator should not give me as authority for the resi- 
due of the statement which he has read. 

Mr. Benjamin. This is a question which I can not allow to pass in any 
confusion. I do not understand — and my recollection is not — that my col- 
league heard that letter read, and failed to deny that that conversation was 
had between Commodore Perry and Mr. Bartlett. On the contrary, my dis- 
tinct recollection is that my colleague repelled, as a charge which would 
dishonor the character of Commodore Perry, the fact that he had made 
any such statement as that which was contained in the pretended extract 
from a letter, which extract was afterward admitted to be false 

Mr. Houston. It was not admitted to be false. I hope the Senator will 
use an expression becoming the Senate. 

Mr. Benjamin. Did I not understand the Senator from Georgia and the 
Senator from Tennessee to admit it } 

Mr. Houston. They admitted that it was erroneous ; that it was a 
mistake. 

Mr. Benjamin. If it is not true, I beg the Senator's pardon. But what 
is the case ? That which purported to be the copy of a letter written by 
Commodore Perry was, according to the statement of the Senator from 
Tennessee yesterday, merely something that rested in the brain of Lieuten- 
ant Bartlett from a conversation ; the letter was an entirely diflferent thing. 
Now, sir, the Senator from Texas says that my colleague, having heard that 
letter read, or these statements of Lieutenant Bartlett about a conversation, 
which he repeated, did not deny them. I say that, according to the best of 
my recollection — I am very sorry that I have not the Globe here before me 
in which my colleague's statements are contained 

Mr. Iverson. If the Senator will allow me, I will say that I may remem- 
ber them, as I was particeps crt'ininis in the transaction at the time. The 
Senator from Louisiana [Mr. Slidell] did not deny that Commodore Perry 
ever wrote such a letter, and, as evidence of the fact, he produced the orig- 
inal letter. 

Mr. Benjamin. I am now referring, not to the letter, but to the pretended 
statements by Mr. Bartlett of a verbal conversation. The Senator from 
Texas says that this conversation between Lieutenant Bartlett and Commo- 
dore Perry was repeated in the Senate in the presence of my colleague, and 
not denied by him. 



Author of tlie Anonymous Communication. 503 

Mr. Houston. I hope ihe gentleman will not become tec much excited. 
I will correct him. 

Mr. Benjamin. I am not excited ; but I do not intend that my colleague's 
position shall be misrepresented, through error on the part of the Senator 
from Texas. 

Mr. Houston. I said that the remarks of the Senator's colleague grew 
out of a reference to the quotation from a letter of Commodore Perry to 
Mr. Parker. I do not say that the statement which I have just presented 
has ever been read in the Senate before ; and because I believe it had not 
been read, I proposed to read it on this occasion that it should go out on 
the authority of a Senator. 

Mr. BenjajNIIN. The Senator from Texas, then, do:s not pretend this 
statement has ever been read in the presence of my colleague without con- 
tradiction ? 

Mr. Houston. I never did pretend it. 

Mr. Benjamin. I am satisfied, sir. 

Mr. Houston. But I pretend, and I assert, that it has been published in 
the newspapers for weeks and months, and that it has never met a contra- 
diction, that I have discovered, from Commodore Perry. 

Mr. Benjamin. It was published unsigned — an anonymous communi- 
cation. 

Mr. Houston. Ah ! that has very little to do with the contradiction of a 
falsehood ; I apprehend the Senator would not be prevented from contra- 
dicting a falsehood by any nice considerations as to whether it was signed, 
or sealed, or delivered, if it was generally circulated. I have never seen it 
contradicted, and I have seen the statement corroborated by Mr. Gibson's 
letter which was read here yesterday. That embodies, substantially, a con- 
versation of the same import, but it did not go into the same details that 
appear here. It has remained uncontradicted by Commodore Perry. I 
mean no reflection or disparagement on Commodore Perry. I read this 
statement without intending to implicate him in anyway; because I believe 
he told the truth, the whole truth, and nothing but the truth, when he called 
the board a set of "packed conspirators." That is just what I believe 
about them. 

I will inform the Senator from Louisiana [Mr. Benjamin] that it was en- 
tirely in relation to the quotation used by Lieutenant Bartlett, in this com- 
munication to a friend, that the discussion arose between the Senator from 
Georgia [Mr. Iverson] and the Senator from Louisiana [Mr. Slidell], in which 
the latter denounced, in the most unmeasured terms. Mr. Bartlett, as hav- 
ing stated a falsehood, and perhaps said he was degraded, or something of 
that sort. It is very easy to say such things ; but I do not recollect that he 
ever opposed a contradiction to the detailed conversation given by, or im- 
puted to, Lieutenant Bartlett in this paper. It was only to the use of the 
words " monstrous injustice" that he objected. I believe it was with refer- 
ence to that very expression used in the conversation with Lieutenant Bart- 
lett, that he placed his quotation to the letter to Mr. Parker; but his verac- 
ity is equal to that of any gentleman. I have not the least doubt that his 
services and standing in the navy, his spotless reputation, his intelligence, 
and chivalry, are as irreproachable as those of any gentleman who sat on 



504 HoustonHs Literary Memains. 

the retiring board. I except none for useful and efficient service — he is 
certainly equal to any. 

Mr. President, a controversy arose in relation to a book which the vener- 
able Senator from Delaware imputed to Mr. Du Pont. I have informed 
myself in relation to it. It was a book written on the defenses of the coun- 
try, and for which Sir General Somebody Douglas complimented Lieuten- 
ant Du Pont. I believe it amounted to a pamphlet, or something about 
that size, and was circulated broadcast. Some one wrote him a letter about 
it. I do not know for what purpose it was written ; perhaps it was the same 
kind of a letter as that written to Mr. Thorburn. The venerable Senator 
from Delaware was somewhat discourteous, and used harsh contradictions 
in relation to my misapprehension of this book, and imputed rather a want 
of intelligence or a want of veracity to me. I do not know which he in- 
tended should be the inference. From his first remarks I supposed that he 
referred to a book which Mr. Du Pont had a hand in writing — " Regulations 
for the Navy of the United States." Being informed on that subject, I had, 
in reply to the Senator's "executive session" speech, in which he inaugu- 
rated Mr. Du Pont's fame into the Senate, alluded to the book, supposing 
that he had the credit of writing but one book ; but I am willing now to 
ascribe to him the credit of writing two books, or as many as you please. 
Certainly, according to the Senator from Delaware, Mr. Du Pont is respon- 
sible for the book to which I referred ; for he said that Du Pont never fol- 
lows, whether old or young, but he leads wherever his country's interest or 
honor requires him. I presume he would not participate in anything not 
involving the country's interest or honor ; and therefore, as the book to 
which I alluded was prepared by a board, composed of Commodore Morris, 
Commodore Shubrick, Commodore Skinner, and Commander Du Pont, I 
suppose that he should be held accountable for it. 

There is a singular coincidence between the principles laid down in his 
book of regulations and the principles upon which the retiring board acted. 
This book was prepared by a committee of officers. It comprised two hun- 
dred and fifty pages — quite a respectable-sized book. They had it printed 
without the order of Congress, and had it sanctioned by the then President 
of the United States. As it was done under a former Administration, and 
as there were some things rather alarming in it, overturning the principles 
of judicial procedure, and as there had been no legal enactment in regard 
to the compilation, it was thought proper by the Secretary of the Navy to 
refer it to the Attorney-General for his opinion. I have here his opinion 
on some of the regulations, and I must say that they are of the rarest char-, 
acter that I have ever seen. I have taken extracts from these regulations 
and the Attorney-General's opinion. I could not bring the whole book 
here. I am aware that some gentlemen except to my reading extracts not 
sufficiently copious, but I really think they are. This is at least very de- 
monstrative and suggestive in its character. 

The Attorney-General says : 

" So in the thirty-fifth chapter articles occur on the subjects of courts- 
martial which are in pari maieria with provisions of the act of Congress, 
and are in effect abrogatory or emendatory of the same, as plainly as a new 
act of Congress could be. 



Book of ^^ Orders''' f 07' the Navy Unauthorized. 505 

"Again, one of the articles in the same chapter changes the whole theory 
of judicial procedure by forbidding the court to receive evidence of the pre- 
vious good character and former services of the accused in mitigation of the 
punishment to be awarded. This provision, v/hich is the more observable 
when compared with another article which allows evidence to be introduced 
of previous bad character, may, or may not, be wise ; it is, at any rate, a very 
positive act of legislation." 

That is a novelty ; but it is the principle on which the retiring board 
acted. They only sought accusations against officers ; but we have heard 
of no extenuating circumstances, and of nothing received by them in miti- 
gation. The Attorney-General says further of this book : 

" Numerous other examples might be given of specific provisions of the 
'system of orders,' which are, in every essential quality, acts of general 
legislation as clearly and emphatically as any part of the subsisting laws 
enacted by Congress for the government either of the navy or the army. 

"I am of opinion, therefore, that the 'system of orders and instructions' 
under examination, being a code of laws and an act of legislation, was in 
derogation, as such, of the constitutional powers of Congress, and, as the 
mere act of the President in a matter not within his executive jurisdiction, 
is destitute of legal validity or effect." 

"Hence, the 'system of orders and instructions' for the navy, issued by 
President Fillmore, as Executive of the United States, 'February 15, 1853, 
is without legal validity, and in derogation of the powers of Congress.' " 

This was the emanation of the gentleman who compiled and prepared these 
regulations for the conduct of the navy ; and for which, according to the 
suggestions of the Senator from Delaware, Mr. Du Pont must be in great 
part responsible, he never being second on any occasion to old or young. 

It is said, Mr. President, by the venerable Senator from Delaware, that 
Commodore Parker would be obliged to no one for having introduced his 
name. The allusion was to a document sent here in answer to a resolution 
oflfered by myself, calling for some information. When the document came, 
it included a letter which the Senator thought would prejudice Commodore 
Parker. That letter is placed in the very first part of the communication 
of the Secretary of the Navy, though it was of a date subsequent to many 
letter^ contained in the same document, which are put out of place. I have 
not the pleasure of knowing Commodore Parker ; but to show that he was 
entitled to the highest credit and commenaation, I will refer to the follow- 
ing letter of Captain Pendergrast : 

"Washington City, July 2,^, 1852. 

" Sir : — In compliance with your request of yesterday I have the honor to 
submit the following statement : 

" I commanded the Saranac steamer for thirteen months, under Commo- 
dore Parker, and during that time was a messmate of his. This association 
led to the most cordial and affectionate regard for him personally, and im- 
pressed me with the highest respect for him as an able and efficient com- 
mander of a squadron. I have no hesitation in saying that I have never 
known a squadron better managed than the Home squadron has been by 



506 Hoiistoii's Literary Remains. 

Commodore Parker ; nor have I known any one who has acquitted himself 
better, or who has made a more favorable impression on foreigners. 

"Commodore Parker had confided to him, during his command in the 
West Indies, many delicate and important trusts, and in the discharge of 
his duties on those occasions he displayed great judgment and ability, and 
I have reason to believe his conduct was most cordially approved of by our 
Government. 

" I have the honor to be, very respectfully, your obedient servant, 

" G. J. Pendergrast, Commander. 
" Hon. John P. Kennedy, 

" Secretary of the Navy, Washington City." 

This is the opinion of Captain Pendergrast, approving and certifying to 
the conduct of Commodore Parker. If Commodore Parker was delinquent. 
Captain Pendergrast has either failed to state the truth, or he has done 
what is equivalent to it — he has concealed the truth. If the Commodore 
was culpable, he has not told it. What does it amount to } We find that 
individuals have had charges against them smothered ; that they have not 
been exposed to reprehension, investigation, or condemnation, but that they 
have escaped through the favoritism of the Secretary of the Navy, and have 
not been held accountable. 

Since the time when Mr. Bancroft was in the Department, we find that 
there has been a systematic attempt to conceal charges against ofiicers, and 
not to bring them to trial when they have been repeatedly accused of im- 
proper conduct. Successive secretaries, instead of investigating such 
charges, have permitted them to be suppressed, or compromised, or with- 
drawn, when it was their bounden duty to see that they were held amenable. 

But, Mr. President, my friend from South Carolina [Mr. Butler] made 
some explanations in regard to a few matters to which I alluded on a former 
occasion. I referred to some circumstances that took place on the Brazilian 
squadron at Rio Janeiro. To my statement my friend from South Carolina 
took exception. Commodore Shubrick, in his letter of October 28, 1846, to 
Commodore Rousseau, inclosing the survey that had taken place on the 
vessel Saratoj^a, remarks that "the Saratoga having been found, on exami- 
nation, unfit to continue her cruise around Cape Horn in her present condi- 
tion, he has ordered Commodore Shubrick to report to him (Rousseau) that 
after having repaired the injuries sustained by the vessel, he may exercise 
the discretion given him m the letter of the Department of 20th July last." 
Commodore Shubrick says further that in the course of her repairs she may 
be found even in a worse state than represented — if so, taking into consid- 
eration the length of time v/hich has elapsed since she was ordered to the 
Pacific, he should think she could be of little or no service in that squadron. 

Commodore Rousseau taking this as an intimation, tantamount to an or- 
der, coming from a superior for the inspection, ordered the Saratoga back 
to Norfolk ; so that she never joined the squadron as authorized by the 
Secretary of the Navy, but repaired to Norfolk, and her service was with- 
held from that squadron during the whole time. 

I understood my friend from South Carolina to say, that Commodore 
Shubrick had taken Mazatlan and Guayamas. Guayamas was taken, I think. 



Cases of the ^'■Saratoga " and ^' Independence ^ 507 

by Captain Lavalette, not by order of Commodore Shubrick. He was sent 
out to Cape St. Lucas, and whilst there, the weather becoming unfavorable, 
he was impatient to return, and he went and took Guayamas himself with- 
out orders from the Commodore. My friend also stated that Mazatlan "was 
taken in the face of a superior force " by Commodore Shubrick, and that 
he had achieved everything that was achieved on the Pacific. It appears 
that Mazatlan was taken without a solitary man resisting. The American 
flag was run up by Lieutenant Halleck, of the army, with two men ; and 
Commodore Shubrick was informed by the municipal authorities or coun- 
cil, on November ii, 1847, that — 

" The undersigned make known to the senior commodore that this port 
was evacuated since last night by the military force, and that, from the out- 
post to within the city, there is no other force than a small number of per- 
sons composing the police for the maintenance of good order." [Delivered 
by the President of the Junta.] 

This is the achievement of which my friend spoke, and which was set 
forth with such flourishes in the newspapers. That is the history of the 
taking of Mazatlan. It appears farther that at Mazatlan, the day after this 
occurrence, I think, when an attempt was made to march ninety men, under 
the command of Lieutenant Selden, they met the enemy, who were fired 
upon from \h& Independence, the Commodore's ship, then at anchor off the 
cape at Mazatlan. All the Commodore's men ran at the first fire of the 
enemy, except one, who was killed. Stanly was in command of a six- 
pounder. Fifteen out of the seventeen men under his command were shot 
down and Lieutenant Selden was wounded. They maintained their ground 
for some time, until the force from the Iiidependence rallied and came back. 

I was also called in question the other day by the venerable Senator from 
Delaware, in relation to the statement which I made of the achievement at 
San Jose, out of which, unfortunately, the " whistle " grew. He said that I 
had reflected on the officers accompanying Captain Du Pont. I did no such 
thing. I never disparaged their conduct. I hold him responsible for his 
report, and not for the conduct of the men. It appears that Lieutenant 
Heyvvood sallied forth from his fortress to rescue Captain Du Pont, and re- 
lieve him. I did not cast any reflection on Heywood ; but any military 
man can perceive the policy of leaving Lieutenant Heywood with eighteen 
or twenty men in all, in the heart of Southern California, without any suc- 
cor within one hundred miles of him ! Did it argue generalship to put him 
ashore under these circumstances } I leave it for military men to deter- 
mine. I will not criticise it; but I will say that it is a miracle that they 
were not every one sacrificed. It was a strange thing, indeed, to leave them 
under such circumstances, when there were hundreds of men on board the 
vessels who could have strengthened the post. At least fifty men were nec- 
essary to live in the midst of three hundred enemies ; but eighteen or twenty 
men, it is said, were left, without succor within one hundred miles. But 
for some whaling-vessels that went there, the captains of which supplied 
them with provisions, their fate would inevitably have been destruction. 
Heywood 's valor and chivalry, and that of his gallant companions, did 
everything that was done. His gallant comrade, Stevens, who was after- 



508 Houston's Literary Remains. 

ward so highly lauded for his conduct on that occasion, has been dropped 
and stricken down. It is disgraceful. 

I come again, in conclusion, to the action of Commodore Hull in the 
Ohio. It was stated by the Senators from Delaware, that the letter of Sec- 
retary Paulding, retracting his reprimand of the four ward-room officers of 
the Ohio, should forever have closed that transaction. It is a singular co- 
incidence that those officers should have been then implicated together in dis- 
order and insurrectionary or mutinous conduct, for it amounted to that. 
They were subsequently designated in the navy as the " four mutineers." 
It is singular that these men should have been selected subsequently to act 
together on the naval board. I propose to show, however, that the letter 
of Secretary Paulding, pretending to cancel these charges, did not close the 
transaction forever. I will read Commodore Hull's replies, and let the Sen- 
ate judge from them whether or not Commodore Hull felt that he had in- 
jured these individuals, or v/hether he himself had been deeply wounded. 
After he had received the first letter from the Department, authorizing him 
to reprimand these gentlemen, he addressed a letter to them in which he 
said : 

" I have been put aside by some of yoJ; disrespect and almost contempt 
have been evinced for me; and the time has arrived whf^ it must and shall 
cease. There are three remedies which strike me for this state of things. 
One is, to lay this ship up in a Spanish port — this noble ship, the pride of 
our country, with her beautiful flag, of which we were once ready to boast, 
with its stars and stripes, hoisted at half-mast — until lieutenants can be sent 
from the United States to restore it to its proud and honorable bearing. 
Another is, to take you to sea with all your discontent, disaffection, and 
disrespect for your commanding officers, and trust co time to bring about a 
better state of feeling. And the third is, to make such changes among you 
as my means will admit of. I have not yet determined which to adopt ; but 
I will now state to you that I am responsible for this ship. I shall go to sea 
when I please ; I shall go where I please ; and stay as long as I please. 

" Gentlemen, our country is on the eve of war with a mighty and power- 
ful nation, and what is the situation in which you have placed me.'' Who 
can go into battle with confidence, surrounded by disaffected officers ? And, 
I may well ask, Who of those originally ordered to this ship as her sea- 
lieutenants can I confide in.''" 

This shows the feelings of Hull when he received and read to them the 
reprimand administered by the Department. I propose, however, to advert 
more particularly to what he said of Lieutenant Du Font's conduct on that 
occasion. In a letter to the Secretary of the Navy, dated March 21. 1841, 
Commodore Hull says : 

" I have long since been convinced that Lieutenant Du Pont is the leader 
in all the disaffection which has so unhappily reigned in the Ohio, and I am 
fully persuaded that the pernicious influence he has exercised over others 
has effected more injury to the service than he will ever be able to repair." 

That was his opinion of Lieutenant Du Pont; I leave gentlemen to draw 
their own conclusions from it. I have no disposition to go beyond the 
records, and I have not done so. I have a right to advert to public records, 



Commodors Hull on Degeneracy of the Navy. 509 

and they sustain me in what I say. It is evident that Commodore Hull felt 
deeply mortified by the action of the Department in withdrawing the rep- 
rimand first administered to these officers. This is shown by the correspon- 
dence of Commodore Hull. I read from his letter to the Department of 
December 5, 1840: 

"Having thus fully and strictly complied with all the directions embraced 
in your letter of 'June 24, 1840,' and having bowed with all due submission 
to your will and decision, I now claim the attention of the Department to 
the position its decision has left me in, viz , that of an officer in command 
of a foreign squadron, under the ban of his Government. 

" In reversing my acts, which were based, as is admitted, on the promised 
'co-operation and support ' of the head of the Navy Department, it must be 
evident that, without some exposition of the circumstances under which I 
acted, without some declaration of facts in the case by the Department, a 
large portion of reproach will be thrown upon me, and my command and 
authority may be ridiculed ; but should this not be the case, the ground 
which will be assumed, both in and out of the navy, will be this: Commo- 
dore Hull had a difficulty with some of the lieutenants of the 0/n'o, a por- 
tion of whom he sent to the United States, with orders to report to the 
Secretary of the Navy, who disapproved of Commodore Hull's course, and 
sent the lieutenants back again ; thus sustaining the lieutenants, and cen- 
suring Commodore Hull. 

" 1 do not know that it is necessary for me to say anything more to the 
Department in justification of the course I pursued toward those officers ; 
but it may not be improper in me to refer to certain extracts of your letters, 
and to ask an application, in my case, of that justice which has been so 
promptly yielded by the Department to others. 

" In a letter written by the Department at the commencement of the 
present cruise of the Ohio, viz., so early as ' December 27, 1838,' the follow- 
ing sentiments, opinions, and views are expressed : 

" ' The Department expects that, actuated as well by a due regard to your 
own honor as to the permanent interests of the navy, you will retain your 
command until, by a firm and steady assertion of authority, in which you 
may rely on it for support, you have suppressed that spirit of discontent 
which, if permitted to triumph, will, it is feared, be fatal to the future char- 
acter and discipline of the service.' ' From the first, a spirit of discontent, 
approaching to insubordination, has prevailed among a portion of the offi- 
cers, which manifested itself in disrespect to their commander, in appeals 
to the public, as void of foundation as they were destitute of all manly con- 
sideration.' . . . . ' And in violation of the regulations of the service by 
publishing an official correspondence without permission of the Depart- 
ment.' " 

Now, Mr. President, can any one doubt that this is satisfactory evidence 
that Commodore Hull was not sustained by the Department, and was left 
in the awkward dilemma of being overruled, and having a triumph awarded 
to those who were generally designated in the navy as mutineers .'' And 
those four mutineers composed almost one-third of the naval retiring board. 
I will read further from the same letter of Commodore Hull : 



510 Houston'' s Literary Remains. 

" And here I beg leave to ask of the Department if these extracts do not 
contain a repetition of 'specific acts,' 'definite charges,' and 'official mis- 
conduct,' alleged against ' a portion of the officers of your (my) ship ? ' And 
does not the Department carry out, in part, its previous judgment by 
detaching Dr. Ticknor from the Ohio? Surely I could not have erred in 
believing that, in the promise of 'co-operation and support ' by the head of 
the Navy Department, further action was left to my discretion. Permit me 
to refer to the case of Lieutenant Du Pont, and to ask why the Department 
left me to judge of the sufficiency of an apology which he was to make to 
me, as one of the grounds on which his application to return to the United 
States was to be granted, and thereby leaving to my discretion an act of 
'humanity'? With such a guide, calling on me in terms precise and al- 
most imperative, to exert the power to the utmost which the laws and reg- 
ulations of the service give me to protect myself from disrespect and to en- 
force subordination, with a promise of co-operation and support in the ex- 
ercise of my lawful authority, and the example set me in detaching Dr. 
Ticknor, the inference was as direct and positive, to my mind, as a peremp- 
tory order would have been ; and I acted in good faith, and with a single 
eye to the good of the naval service." 

Now, I will read the last extract which I propose to present from Com- 
modore Hull's letter, to show that to his last hour he felt it as a fatal blow to 
his influence, fatal to his honor, and dangerous to the well-being of the navy 
of the United States. He says : 

" I dare not question the propriety of the decision reversing my acts ; but 
I trust I may say that, in my humble conception, the Department has not 
fully assumed or taken upon itself the responsibility of the course pursued 
by me ; and, as a consequence, I feel that I am placed before the navy and 
the country as resting under the disapprobation of the Government of the 
United States, which will be to me a severe injury, unless averted by the 
head of the Navy Department. 

" That any immediate evil will ensue to the navy generally, or to my im- 
mediate command, remains to be seen ; but I must say, I much fear that 
my reputation and authority, as a commander of a foreign squadron, have 
received a shock from which they will not speedily recover. 

" It is somewhat remarkable that this station— the Mediterranean — was 
the scene of my early sei"vices in our then infant nav}'. I witnessed its rise, 
its progress, and its advancement ; bound myself to it, and hoped its course 
would ever be onward ; and that now it is the scene of my last service, and 
I am here, I fear, to be a witness of its fall, retrogradation, and ruin ; but 
my hopes and wishes are, to live long enough to see harmony and union, 
discipline and subordination, restored among its officers." 

Mr. President, I have read these communications because they are im- 
portant, and they contain a clear refutation of what was suggested by the 
venerable Senator from Delaware, when he said that the whole transaction 
was closed by the retraction by the Department of the first reprimand. 

The Committee on Naval Affairs inform us that they have thoroughly in- 
vestigated this subject, and they have reported the results of their examina- 
tion, and I understand it is a unanimous report. They have suggested 



The Kauai Board a Planned Cons'piracy. 511 

remedies for the reform of all the errors which they think exist, and they 
appear now determined still to retain cognizance and jurisdiction over the 
subject. I am opposed to committing the investigation which I think is 
necessary to that committee, because it is impossible that an impartial in- 
vestigation can take place before them. They have expressed their opinion. 
If we were selecting jurors to try a culprit, or to determine a civil cause 
between individuals resting on merely pecuniary considerations, impartial 
men would be chosen, who had expressed no opinion in relation to the facts 
or justice of the controversy. In any case affecting life or property, men 
would not be selected to adjudicate it who had already expressed their 
opinion upon it ; but those would be chosen who were impartial, and free 
from bias of every kind. I desire to have a committee appointed who can, 
without being tied down by former biases or committal, determine whether 
or not injustice has been done by this board. 

I have not said that the officers of the navy were rascals ; I have not im- 
pugned their honor; I have not doubted their chivalry and gallantry; but 
I admit that I have not entertained a favorable opinion toward the board 
and their action. For that I am responsible to my own judgment. I have 
a right to express my opinion on their conduct so long as I keep within the 
pale of the public records of the country. If I have transcended the priv- 
ilege accorded to me — if I have violated the franchises of the Constitution, 
I am free to attack an arraignment. If I travel out of the record — if I 
slander or traduce private individuals, let it be shown, and I shall always 
be ready to defend myself, on notice being given of the attack against me. 
My person is free to arraignment. I am responsible for my course. The 
views which I have taken on this subject have been fully sustained by the 
documents ; and I could, from them, deducfe facts going much beyond what 
I have presented. What would honorable gentlemen think of me if I were 
to make a statement like this : A certain member of the board, while the 
bill of \\\z last session was pending, used his efforts to procure its passage. 
A certain gentleman was opposing it. The officer came to him and said, 
" What are you doing here opposing this bill?" "Why," said he, "I do 
not wish it to pass the Senate." The officer said to him, " I know very well 
why you are opposing it ; you are afraid that such a man, your friend, Cap- 
tain so-and-so, will be prejudiced by the bill, and that is the reason why you 
oppose it. Now," said he — this was before the law was passed — " never 
mind ; I will be a member of the board, and not one hair of Captain H.'s 
head shall be hurt." If any Senator asks me whether I can prove this state- 
ment, or desires to know the author, I tell him, grant a special committee 
that will go heartily into the investigation, and I will bring the witnesses 
who will substantiate the statement. 

I think this circumstance shows that all the talk that we have heard of 
the disinterestedness of the board amounts to nothing. These men were 
interested in the result of their own action. The whole thing had been con- 
cocting for years under successive Secretaries of the Navy, until its consum- 
mation took place in the year 1855, with all the management and contrivances 
possible. This " packed conspiracy," as Commodore Perry designated it, 
was concocted for years. You may trace back four of its members, who co- 
operated consistently since 1838, 1839, and 1840, when a conspiracy was 



512 Houston's Literary Remains. 

formed against Commodore Hull while he was in command of the Mediter- 
ranean squadron. I desire my fellow-citizens, the officers of the Govern- 
ment, to be rescued from such persecution. I shall not arraign the board. 
I do not say they are not honest — I shall cast no reflection on the chivalry 
of the navy. My feelings in regard to the board perhaps may be illustrated 
by a transaction which occurred in Augusta County, Virginia, before Judge 
Coulter, a gentleman of distinction, and a remarkable Democrat. 

A Dutchman was sued before the judge. The Dutchman was very much 
opposed to the Democracy, and had used harsh and derogatory epithets 
concerning them. He did not know how far the denunciations which he 
had used against the Democrats might influence the judge in his particular 
case; he therefore called upon Judge Coulter, and said to him: "Judge, I 
want to talk to you ; you know I have always been a strong Federalist, and 
you have been a strong Democrat, and we have always voted against one 
another." " Yes," said the judge ; " we have — what of it ? " " Oh," replied 
the Dutchman, " they tell bad tales on me, and it is reported that I said 
that all the Democrats were grand rascals; now, judge, I never said that." 
" Well," replied the judge, " I am glad that you did not say it." " No, I 
never said it, but I will tell you what I did say, and I will stand to it as long 
as I live — I did say that all the rascals were Democrats." [Laughter.] 

Mr. President, I certainly say that, according to my apprehension, there 
has been a great deal of bad conduct in this matter ; and it has been prompted, 
perhaps, by a want of knowledge as to the merits of various officers. 1 
must confess that I have never been so much excited in my life, in relation 
to the condition of my country, as at the present time. I have never be- 
fore felt that a blow so fearful, so fatal, so terrific, has been aimed at its se- 
curity and efficiency as this reduction, or rather annihilation, of the navy. 
Sir, it has been the right arm of our strength, of which every American has 
been proud. It was approved by Jackson, a man of noble and chivalrous 
bearing. He suggested no amendment to it, except such as necessity re- 
quired. Successive Presidents found no fault with it, until bureaus began 
to multiply and accumulate about the capital. Then the suggestion was 
made that the navy was inefficient, and should be reformed. This cry has 
been altogether since 1840 — since the Mediterranean cruise under Commo- 
dore Hull — since bureaus were located in this city. 

It is important that we should inquire into this matter now. It is im- 
portant that we should sustain this right arm of the nation. You may com- 
pare the militia and volunteers of the country to the body, the defensible 
part of the nation ; the army to its left arm, and the navy to its right arm. 
The navy is not confined in its action to our own shores, but it goes abroad, 
sustaining the honor of our flag upon every sea. That right arm has been 
crushed, and lies palsied at the side of the body-politic. It must be reno- 
vated by the repeal of this odious action. The law under which it has been 
disgraced is, in my opinion, unconstitutional, and even its provisions have 
not been executed according to their spirit. 

I ask for a thorough investigation of the subject, and I desire to have a 
special committee appointed for that purpose, so that we may arrest this 
evil, and if possible arrest the downward course of the country. Sir, I feci 
that our situation is an important one. The nation's heart has been wounded 



Sec. Dobbin doubtful as to the Board. 513 

by this action; and the life-blood of the country will ooze out from the ar- 
teries if they are not now bound up by the strength and energy of Congress, 
and our system renovated and made perfect in all its parts. I say there was 
no necessity for this action, and it was not in contemplation even in the 
report of the Secretary of the Navy at so late a day as 1854. 

I desire to refer to that report of the Secretary of the Navy, in which he 
says emphatically that such a law was not necessary, for he recommends the 
extremest measure which he thought was required, and he does not go to 
this extent ; but it was engineered through Congress. Everything in regard 
to it was kept secret. It was done by the co-operation of the committee 
and the silence and apathy of members, who, from their peculiar condition, 
not being connected particularly with the navy, were prevented from en- 
tering into an investigation of the principles of the law. In the report to 
which I have just alluded, Mr. Dobbin says : 

" Is the particular plan of having the aid of a board of officers in ascer- 
taining the incompetent and unworthy objected to } I am not wedded to 
that or any other scheme, provided the main object can be attained. I 
should be content to have the Secretary from time to time officially report 
to the President such names as he wishes should be retired or dropped ; 
that the President should transmit, if he thinks proper, their names to the 
Senate, with a recommendation suited to each case. Thus the President 
and the Senate, the appointing power, will be the removing power; and the 
apprehension of Star Chamber persecution and being victimized by secret 
inquisition, now felt by some worthy officers, would be quieted." 

Sir, if this course had been adopted the navy would have been purged, if 
it needed purging ; it would have been purified, invigorated, and sustained : 
but how is it now .'' I will take any number of men who have been removed 
and disrated, and you may pick out at hap-hazard an equal number among 
those retained, and you will find them as defective in capacity as those who 
have been dismissed. 

Mr. President, I earnestly trust that the Senate will adopt these resolu- 
tions, appoint the special committee forthwith to proceed in the investiga- 
tion of the cases of those officers who have presented memorials to us, so 
that they will have it in their power at an early day to report upon the 
subject. I have much to deplore in the condition of the country, and much 
to reprehend ; but this is the most fatal blow which I have yet seen aimed 
at the nation — one that has inflicted a deeper wound on its honor and effi- 
ciency than all that have been accumulating from the days of my boyhood 
to the present moment, and the consequences of which will be most disas- 
trous if not arrested. 

I can not consent to sustain the bill reported by the Committee on Naval 
Affairs, which proposes to increase temporarily the whole number of officers 
in the navy, when we have already so many ofl!icers for the ships, that now 
only once in every fifteen years can a captain perform his cruise, a command- 
er once in fifteen years, and the lieutenants once in five years. Under such 
circumstances, are you to make provision for an additional number to sup- 
ply the places of those who have been improperly dropped or removed ? 
No, sir. I will replace them where they stood at the adoption of this un- 
33 



514 Hov stones Literary Remains. 

constitutional measure. I say it was a nullity from the commencement, 
because it was unconstitutional, and because the law, even such as it was, 
has not been properly executed. 

I ask the Senate to restore these men to the places which they formerly 
occupied. Let this be done, and our country will feel and know that there 
is a conservative principle in the legislation of this Union which can arrest 
all the cabals, all the machinations, and all the packed conspiracies that 
may be concocted against the well-being of the countr)% or against any par- 
ticular arm of its service, which are prompted by sinister motives, and de- 
signed to strike down worthy men for hatred, envy, or ambition. It will 
show the people that there is an influence which can put down those who 
seek, by grasping at power, to promote themselves at the nation's expense, 
and do injustice to worthy and honorable men. 

Now, Mr. President, I have no more to say on this occasion ; but before 
taking my seat I beg leave to return my thanks to the honorable Senator 
from Tennessee for the courtesy which he has shown me by alio ing me to 
proceed to-day. 



SPEECHES ON THE PACIFIC RAILROAD BILL, AND IN RE- 
PLY TO HON. A. IVERSON, OF GEORGIA. 

Delivered in the Senate of the United States, January \ith and i2>^/i, 1859. 

The Senate having under consideration the Pacific Railroad bill — Mr. 
Houston said : 

Mr. President, it was not originally my intention to address to the Senate 
any remarks on this subject, but it seems to me that the proposition now 
submitted to us is one of great importance. If I have correctly apprehended 
the design of the Pacific railroad, it is for the national advantage, for the 
general benefit, and it ought not to be confined to any particular section or 
interest in the United States. If so, I can not perceive the propriety of re- 
stricting the engineers in their reconnoissances to any particular locality, 
but we should leave the wide field open for the selection of that line which 
will best promote our great national purposes. This amendment, however, 
proposes to limit the selection to a point north of the thirty-seventh paral- 
lel. It seems to me that if nature has designed a communication between 
the Mississippi River and the Pacific Ocean, the least expensive, the most 
direct, the most facile means of communication, is to be found in a route 
commencing at the mouth of the Red River. By commencing there, all the 
streams which would be encountered, if you commence at Memphis, or any 
point further north, will be avoided, and there is but one stream of impor- 
tance between that and the Rio Grande. It is a natural trough, if you will 
permit the expression, extending from that point, with but very little inter- 
ruption, to El Paso. That country has been described by Captain Marcy, 
and others, who have t:iken reconnoissances of it, and it is manifest that a 
road can be constructed there with less expense than on any other route 
which has been designated or thought of. 

We have heard of sandy deserts there interposing insuperable obstacles. 
Is there any route suggested that interposes no obstacles to the accomplish- 



Surveys for Pacific Railroad on Southern Route. 515 

ment of the work ? None that I have heard of. It is remarkably singular 
that the obstacle which is regarded as insuperable, this dreary, sandy desert, 
this Arabian waste, as it has been termed, in which steam-cars and caravans 
are to be overwhelmed, is not actually known on that route at all. We have 
now a regular mail communication between El Paso and the Pacific Ocean. 
If there were no facilities for a railroad on that route, how is it possible 
that mail-coachcs could run regularly over without impediment ? That 
fact affords a practical refutation of this assumption, which is unfounded 
in fact. 

Why need this interpose an objection so as to rule out from the general 
provisions of this bill a section of country that possesses equal, if not greater 
advantages than any other for this work } By the route which I have sug- 
gested you are afforded through the Mississippi River, from the point where 
the Red River empties into it, egress to the Atlantic and the Gulf, From 
that point, too, you can communicate with the South when you can not 
from St. Louis, because the ice-bound condition of the Mississippi at that 
point precludes navigation, and you are totally dependent on transportation 
by cars from St. Louis. The mouth of the Red River is never obstructed 
by ice, nor does it ever offer any obstruction at any point on the Mississippi 
below the mouth of the Ohio River. From the mouth of the Ohio you can 
communicate with the North and East ; and from Memphis and Vicksburg 
with the whole South. At the terminus of this route, you have all the 
facilities of water transportation which, in point of cheapness, very far sur- 
passes railroad transportation. But, sir, if you terminate the road at St. 
Louis, where the river is ice-bound at this season of the year, and where 
commerce must of necessity be arrested, how will the people of the Gulf or 
of the lower part of the Mississippi have communication with it ? Must 
you transport articles to some point south of the Ohio River, and thence 
radiate through the whole southern country ? Is that the way .'' Sir, you 
have the opportunity of accommodating all by locating the terminus at the 
mouth of the Red River, and there the whole commercial world is open to 
you ; all the facilities that arise from railroad and water transportation are 
afforded to every section of the country north of it ; but if you bring the 
road to St. Louis, you must be solely dependent upon railroad transporta- 
tion, and you can not have it by water, because the Mississippi is ice-bound 
as well as the Missouri, and you are arrested there. All the cheapness, all 
the conveniences, and everything that would result from the otlier terminus 
is there converted into a coast and an impediment to transportation. 

I think that to restrict the southern limit to the thirty-seventh, or even 
to the thirty-fourth parallel, is ruling out one of the most important routes, 
the advantages of which to the South will be incalculably greater than any 
other. By leaving a margin for including that route, do we cut off the 
North from any portion of the advantages which it has a right to claim } 
None at all. The Ohio and the Mississippi are open to Cairo ; and at 
Cairo, at Memphis, and at Vicksburg, the line of which I have spoken will 
connect with the whole eastern portion of the country. The entire line 
north will be reached from Cairo ; from Memphis this line will communi- 
cate with Charleston, with Richmond, and with all the southern portion of 
the Union. Either from Vicksburg or from Memphis, you can convey to 



516 Hovstori's Literary Remains. 

New Orleans, by ship or steamboat transportation, all the materials that 
will arrive from the Pacific coast. If you have anything to transport there, 
you have all the advantages of embarking them at a point more accessible 
than the mouth of the Ohio for the people of the North. They have no 
streams to ascend ; but the people of the South have the broad and secure 
Mississippi, with no impediments, no sawyers, no obstructions, to prevent 
their reaching the terminus with perfect convenience and security. You 
can not have access to the North from any other point with the same facil- 
ities that you can from this terminus on the Mississippi. 

Why rule out this route ? Is it not entitled to consideration ? Why not 
give entire latitude to those who are to construct the road, to make their 
selection } If it is not eligible to make the terminus I have suggested, 
very well ; let them so decide ; but I implore you not to disfranchise those 
who have a right to your consideration as a part of this Union. If this is 
to be a great national work, give it a national character, and treat it as a 
national measure for the defense of the Pacific coast. I have always been 
its advocate. I have seen no constitutional impediment to it. There is 
none ; or else it is unconstitutional to give national defense. The Federal 
Government is bound to defend the several States, and to give security to 
them. If they owe it allegiance and loyalty, the Federal Government owes 
them protection. Can you give protection to California without a direct 
communication with the Pacific Ocean ? You can not. Can you bind 
them in interest ? Can you make them identical with us .-* Can you bind 
them in cordiality, in sympathy, and in loyalty, unless you create a bond of 
this kind ? You can not. I wish no portion of this country to be alien to 
the Union, and I wish to do justice to all. I never could conceive that 
there was a constitutional impediment in the way of this work. Are we 
authorized to build forts and fortifications ? If we are, are we not equally 
bound to afford other means of defense } Is not the communication with 
San Francisco and with the Pacific as important as it is to erect forts here 
upon our borders, on the Atlantic ? Equally important. They are neces- 
sary to the protection of our Atlantic coast, and a railroad is indispensable 
to the protection of the Pacific coast. 

I have always been a stickler for strict construction, and I am yet ; but 
I believe whatever is necessary for the salvation of the country is constitu- 
tional. There has been no constitutional provision to bring these vast Ter- 
ritories into the United States, and to incorporate them into our Union. 
The Constitution can not be stretched ; it is not a piece of India-rubber; 
it is a compacted whole, and not to be distended ; but whenever you step 
beyond the Constitution to acquire a dominion, it becomes expedient that 
you should do something with that dominion ; and then it becomes a mat- 
ter of legislative discretion. That is my opinion about the Constitution 
and its application to those Territories that have been acquired without its 
pale and without its provisions. I insist that it would be an act of glaring 
injustice to this section of the country, possessing the vast and illimitable 
advantages which it does as a terminus of a road, to exclude it from the 
common benefits that are extended to other sections of the Union. 

Mr. President, as I remarked in the outset, it was not my intention to 
have uttered one syllable upon this occasion. I have always entertained 



Invidious Distinction of North and South. 517 

my private views and opinions. I did not Icnow that they were more ortho- 
dox than those of other gentlemen, nor did I wish to bring them in opposi- 
tion to their views. It is possible that I m ght be reconciled to the views 
which they have advanced ; but they have not yet convinced me, and I have 
a right to give my opinion. 

I have regretted, Mr. President, that in tlie course of this discussion it 
has been deemed necessary to draw any invidious distinctions between the 
North and the South. That to me for the last twelve or fourteen years has 
been a subject of deep and inexpressible regret. I have never heard that 
chord struck but its vibration was painful to me ; and the other day, when 
gentlemen thought proper to advert to it, and when there was crimination 
and recrimination, I was deeply wounded. I had hoped that that subject 
was deeply buried, that it never would be resurrected again, at least within 
my hearing for the short period during which I am to occupy a seat on this 
floor. That good fortune, however, was not allotted to me. I had to hear 
the jarring sounds again, not of the death-knell, but of agitation ; and what 
its ultimate consequence is to be, I know not ; I hope never the severance 
of this Union. I hope, I believe, the Union is to be eternal. I can not but 
think that if the bright capacity, the cultivated intellect, and the undoubted 
patriotism of gentlemen here could be subsidized to the great object of de- 
vising ways and means for the perpetuation of the Union, for harmonizing 
the discordant sentiments that exist in the community, and reconciling 
difficulties, it would be a most desirable and commendable employment. It 
would seem, however, that they were rather devising causes and occasions 
of disagreement and alienation between the North and the South. Dis- 
union has become a cant phrase. It is talked of familiarly. In olden 
times, and it is within my recollection, when it was first sounded in the 
House of Representatives, when it was first suggested in the debate on the 
tariff of 1824, I ihought it was treason, and that the individual ought to 
have been crucified. It is no more acceptable to me now than it was then. 
It is more familiar, but that does not commend it either to my affection or 
to my judgment. Disunion, sir ! You might as well tell me that you could 
have a healthy patient, and a whole man, if you were to cut the main artery 
of his life. 

Have gentlemen ever reflected as to when, v/here, and how they are to 
begin disunion ; and where it is to end.'* Will they cut the great Missis- 
sippi in two ? Who is to have the mouth of it ? Who is to command its 
source ? Will it be those who agitate the subject, or are ultra upon it ? 
Never, never ! Look at the great West, rising like a giant. Think you 
they will be prohibited the privilege of commanding the great outlet of 
that river, when their productions are boundless and float upon its bosom 
ever}' year, and every day of every year ? Sir, it is madness. I must remark 
to my honorable friend from Georgia [Mr. Iverson], with all kindness of 
feeling personally, that when I heard him speak for the South, I could not 
but review scenes that passed before me in the old Chamber, when gentle- 
men rose and spoke for the South as if they were proxies of the South, and 
held the South in the hollow of their hands, or controlled its destinies by 
their will. Sir, I am of the South. I was born there. I have lived there. 
No other man in the whole South has a broader interest in it than myself ; 



518 Houston^ Literary Remains. 

my all is there, and I have represented a proud State here. I answer for a 
part of the South. I intend to disclaim the right of any gentleman on this 
floor to speak for the South, when I can offer a negation to his assertions. 

This must be stopped, sir. It may wear out. If it does not, and the 
crisis comes, you will find the patriotic hearts of the South are better em- 
ployed than in agitating this subject ; men who are better engaged in the 
daily avocations of life ; men whose employments lead them to love their 
country, to hope for its advancement, to rely in security that on their own 
exertions depend the welfare and prosperity of their families ; and whose 
prayers are for harmony and the well-being and prosperity of their children 
in life. These are the bone and sinew of that country. They have no pas- 
sions to flatter ; they have no political aspirations ; they cherish nothing 
but a holy loyalty for their country and its Constitution ; and when these 
men are called to action, and look around upon the elements which they 
are to oppose, it will be as wise, if it were possible, for a sane man to throw 
himself in the way of the furious tornado, as for public men to oppose them. 
They will not do it. They will stand aloof, hugging security with a con- 
sciousness of happiness and the future well-being of the human race. They 
will be contented with the blessings they enjoy, and will not put them to 
the hazards of revolution. 

The gentleman spoke of one State seceding and others following. Mr. 
President, it would be much easier for one State to come back than it would 
be for other States to go with it. I can see no propriety in that. What 
would they do.' Suppose one State goes out; it rules itself out of the 
Union ; it has cut off all intercourse with the other States; and as to talk- 
ing of a division of the great public lands of the United States, the right ot 
a State to any participation in them is at an end when she secedes from the 
Union. She has left good company and gone off by herself; she is in a 
minority ; she can not take any portion of the territory, for she has abj ared 
that ; she has surrendered it by going out of the Union, for it is only through 
the Union that she has an interest in it. Where would be the navy of the 
seceders } where their army .'* where their security at home .'' Sir, the very 
moment that a State places herself out of the Union, that moment she as- 
sumes the attitude of revolution ; she has revolted. Certain duties are en- 
joined on her by the Constitution ; if she resists the operation of the Con- 
stitution, she becomes a rebel per se. 

Sir, let the wise men of this Union turn their heads and their hearts tow- 
ard peace and harmony ; let them become reconciled one to another, and 
continue not the use of crimination and recrimination, but the language of 
conciliation, of courtesy, of considerate demeanor, reflecting but not talk- 
ing, thinking but not acting prematurely, and then we shall see a harmonious 
and desirable state of things in this country. We shall see no animosity ; 
we shall see here no bitterness ; no incendiary pamphlets will be circulated 
in either section. Let gentlemen of the North cease to agitate the subject 
of our Southern institutions. They are ours, they were theirs, and they had 
a right to them, and can re-establish them again if they choose. If it is a 
matter of policy with them to eschew them, it is a matter of necessity and 
of right and of interest on the part of the South to maintain them. Gen- 
tlemen ma> talk of philanthropy and humanity and the equality of all men 



What can he done with the Negroes? 519 

under the Declaration of Independence ; but I do not think an African 
equally white with me, and therefore he is not on a footing of equality ex- 
actly. He has never enjoyed political rights, and therefore he has been de- 
prived of none. In Africa, he enjoyed the privilege of slaughtering and 
eating his fellow-man ; and it was consistent with his idolatry, and consistent 
with his education ; but that does not give him the education and moral 
pitch that white men have. 

But be that as it may, whilst these subjects are being discussed, I ask, I 
implore gentlemen to tell us what better disposition can be made of them. 
Is the wild and savage African of Africa better than the slave of the South .'* 
Is he as well off as the free blacks of the North or those who are freezing in 
Canada ? No ; he is not as well off as they are ; he is not cared for ; and 
will you throw our slaves back again into barbarism, or will you turn them 
loose upon us in the South ? Have we done aught to produce the necessity 
of having them amongst us ? Did not your ancestors do it } We never 
were a commercial people ; we never carried on the slave-trade until re- 
cently — and I brand that as an act of unmitigated infamy ; but it was done 
by others. Slavery has descended to us ; it is necessary, and we must main- 
tain it; but does it conflict with the well-being of Northern gentlemen and 
Northern society that the South bear it } We are told that it is a calamity 
and misfortune to us. Let us bear our misfortunes alone. We have not 
asked for intervention, nor can we permit it. It is requiring too much. Have 
1 ever sought to drive slavery into your communities .'' Have I ever sought 
to extend its limits or to trench on any one of the established principles of 
gentlemen who think differently on this subject from myself? I have not 
sought to thrust it down their throats ; but I have determined always to 
maintain it as a man, and to vindicate the rights that exist with us. 

You never hear me talk of " Southern rights." The South has no rights 
but what belong to the North ; nor has the North any rights but what be- 
long to the South. The North has excluded slavery ; the South retains it. 
The North did it because exclusion was their interest ; the South retain it 
because that is their interest. All the States have equal rights. You, gen- 
tlemen of the North, have the right to adopt slavery when you please. We 
have the right to abolish it when we please. You have the right to abolish 
it, and we to adopt it. Our rights are reciprocal under the Constitution. 
We hold no rights that are Southern that are not Northern ; but " Southern 
rights" is a cant phrase, calculated to inflame the popular mind, and create 
an alienation of feeling, as though the South v/as, in interest, antagonistic 
to the North, and the North to the South. Allay these reflections, gentle- 
man ; hush them up; cure and heal the wounds that have been inflicted 
upon the nation ; give harmony to it, and you will give stability to our in- 
stitutions. God has given us everything that is necessary to make us a 
happy, a great, and a mighty nation ; and, oh, let us not be laggard in the 
generous race of emulation to honor His works. 

Thursday, January 13, 1859. 
Mr. Iverson having replied to the foregoing remarks, Mr. HOUSTON re- 
joined as follows : 

Mr. President : If it had not been for the lateness of the hour last evening, 



520 Houston^ s Literary Hemains. 

at which the honorable Senator from Georgia [Mr. Iverson] concluded his 
remarks, I should then have taxed the Senate for a short time; but as the 
usual hour had arrived for our adjournment, I thought it proper to defer 
what I had to say until this morning. Before proceeding to notice the re- 
marks of the honorable Senator, I desire to afford him an opportunity of 
giving a more explicit explanation to one expression which he used in rela- 
tion to myself. When he referred to the course which I had pursued in the 
Senate on former occasions, he spoke of my " antecedents." If the gentle- 
man will be so kind as to explain to me the full scope of that observation, I 
shall be better enabled to compass my view of the subject. I should be 
glad if the Senator would think proper to explain what he meant by my 
"antecedents," as he twice used that term in the course of his remarks. 

Mr. IvERSON. Well, sir, I meant simply this : as far as my observation 
of the Senator's political course had gone — and it covered a number of 
years — I understood him upon all occasions, in season and out of season, to 
be crying hosannas to the Union ; and I meant, in connection with that, 
the remark which I made, that when, in the face of the Northern aggres- 
sion, in the face of the rapid and powerful inarch of the spirit of abolition- 
ism in the Northern States, and the dangers to which the institutions of the 
South were subjected by it, I heard a Southern man constantly singing 
praises to the Union, and denouncing everybody who^should call it in ques- 
tion under any circumstances, I suspected that he was endeavcringto make 
himself a popular man in the North, for the purpose of reaching high polit- 
ical position. 

Mr. Houston. Mr. President, the honorable Senator need not repeat 
the whole of his exposition of that particular remark of his, for he has 
heretofore been very explicit ; and I intend, in the course of my observa- 
tions, to advert to that particular part of his speech. He has not instanced 
any particular occasion to which he intended to apply the term " ante- 
cedents"; no vote, no action of mine, by which I have gone out of the way 
for the purpose of lauding the Union, or condemning any gentlemen who 
had thought contrary to me on that subject. I have combated opinions 
that I thought heretical, and I am always ready to combat them — whether 
they be in accordance with Northern or Southern views ; but not for the 
purpose of making personal assaults or reflections on gentlemen. If my 
antecedents are looked out, it will be found that they have been entirely 
consistent. I know to what the gentleman must necessarily have referred, 
as he made the remark in connection with his allusion to'the recent defeats 
which I have sustained. The reference must have been to my vote for the 
organization of Oregon, my vote for the admission of California, and my 
vote in opposition to the Kansas-Nebraska bill. All these votes were in 
strict accordance with the instructions that I derived from my own State, 
and under the Constitution of the Union and the Democratic measures of 
this Government; so that in them I am sustained. But if my advocacy of 
the Union has caused my immolation, politically, as the Senator says, I exult 
and triumph in that as the most glorious antecedent of my existence; one 
that I hail with pride and consolation as an American ; because I have al- 
ways looked to the Union as the sheet-anchor of our safety and our national 
grandeur and prosperity. If for that I have been stricken down, I rejoice 



Charge of Presidential Aspirations. 521 

at it ; I shall consider myself a blessed martyr; and I should endure that 
martyrdom a thousand times were the alternative submitted to me of office 
or abandonment of the Union. 

But, sir, the Senator suspects that I or any Southern man who advocates 
and sings peans to the Union is in pursuit of the Presidency. 1 can assure 
the honorable gentleman that it is the last thing in this world that I would 
accept, if it were tendered to me ; and for his satisfaction, and that he may 
not hereafter anticipate any rivalry on my part, in any aspirations that he 
may have, I withdraw myself from all competition by the assurance that if 
every political party of this Union were to tender to me this day the nomi- 
nation for President, I would respectfully decline it. I have higher, nobler, 
tenderer duties to perform. I have to create a resting-place for those who 
are dear to me as the people of this Union, and who form part of them. 
These are the duties I have to perform. If there is aught of public service 
that remains to me unfinished, I am not apprised of it. My life has been 
meted out to sixty-five years ; and forty-five years of that life devoted to 
my country's service, almost continuously, should entitle me to an honor- 
able discharge. I claim that discharge from my country. I claim that, 
having performed every duty which devolved upon me with fidelity, I ought 
to be permitted to retire from this Chamber in accordance with my heart- 
felt desires, with a constitution, thank God, not much impaired, and with 
clean hands and a clean conscience, to the retirement where duties are de- 
manded of me as a father. So, the defeat of which he speaks was no dis- 
appointment ; and, by way of explanation, that the gentleman may be more 
perfectly satisfied with my position, I will say, that had my lamented and 
honorable colleague. General Rusk, remained with us, by the providence of 
God, on the 4th of March last I should have vacated my seat and retired to 
the walks of private life. A man who has combated so many difficulties as 
myself, who has been engaged in constant commotion, in turbulence, and in 
scenes of upheaving difficulties, should seek a respite at the close of his life, 
if his span should be meted out a few years, to create a homestead for his 
family, and a place of rest for himself. So, sir, I hope the gentleman, on 
this point, will be perfectly satisfied that I have no aspirations ungratified ; 
I have no expectations, as a recompense, to look for, for my devotion to 
the Union. It is an inherent principle in me ; I gave evidences of it many 
years ago. 1 have periled everything for that and for the protection of the 
frontier of the honorable gentleman's State, in early life, when disunion was 
a word not known in the vocabulary of politics in America. That was an 
evidence that I gave then, of devotion to the Union ; and I need not point 
to the spot in the South which I watered with my blood to defend this 
Union. What I have done since, I care not to recount ; but I know that, 
without reference to the Presidency of the United States, I v/as engaged in 
struggles that tended to the perpetuation of this Union, as I believe, though 
I was then in a separate community of men. We gave national existence 
to Texas, that she might become a part of this great Confederacy. I there 
gave renewed evidence of my devotion to the Union, and to the institutions 
of the United States. Sir, there a spark flashed upon the world, the conse- 
quence of which has created a revolution that is still onward, and will con- 
tmue to affect this whole globe. Until time shall merge in the ocean of 



522 Houston'' s Literary Hemains. 

eternity, its effects will not be arrested. It has opened a world, and we 
came forward and were incorporated into this Union. It was not a small 
territory; it was an empire and a Republic of itself, which had passed 
through every crucible of trial and of difficulty that would test men's souls 
and try their nerves. This was not to secure the Presidency of the United 
States ; nor did it look very possible then that aspirations of that kind in- 
fluenced me or any other Texan. Certainly it is not so plausible as to sup- 
pose that, by contriving the separation of these States, the honorable gen- 
tleman might have aspirations to gratify, which, it might be presumed, 
could not be so well compassed in the Union, considering the intractable 
character of the Northern people. Their affinities might not be such as to 
be commanded readily in advancing the gentleman to the Presidency, and 
he might think it expedient to have a dissolution of the Union, and a new 
confederacy formed, in order that he might turn a jack and secure the game 
to himself. [Laughter.] 

Sir, I trust I have always had higher and holier aspirations than those 
connected with self. If my ambition were not inordinate, it ought to be 
gratified and fully satisfied with the number of positions that I have filled, 
as responsible and important, relatively, as that of the Presidency of the 
United States ; surrounded by difficulties, overwhelmed by menacing mil- 
lions, without a friend to succor or sustain us. Sir, I have had to wade 
through difficulties and through scenes of anguish and peril with a gallant 
people — none have ever been tested to the same extent— without resources, 
new, unhoused, surrounded by all the inconveniences and peril of a wilder- 
ness, surrounded by savage tribes, with the feelings of nations alien to us. 
Sir, we have had these to pass through ; and loyal to one section of the country, 
I was loyal to all. When Texas was annexed to the United States, it was 
not to the Southern Confederacy, nor in anticipation of one ; she was an- 
nexed to the Union ; and as a Union man, I have ever maintained my posi- 
tion, and ever shall. I wish no prouder epitaph to mark the board or slab 
that may lie on my tomb than this : " He loved his country ; he was a 
patriot ; he was devoted to the Union." If it is for this that I have suf- 
fered martyrdom, it is sufficient that I stand at quits with those who have 
wielded the sacrificial knife. 

But, sir, it has not estranged me from the people I represent. The gen- 
tleman says 1 have no right to represent them on this floor ; that I have 
been repudiated. That forms a justification for him, I suppose, when speak- 
ing of the entire South, to embrace the little section of Texas and represent 
that too, while he excludes the actual representative from any participation 
in the duties of his section. I admit the great ability of the gentleman, and 
his entire competence for the task. He speaks of tlie whole South as 
familiarly as if he were speaking for it ; and, in contradistinction to the 
whole South, he speaks of Georgia as " my own State." Well, sir, that may 
be all right ; Georgia may have but one man in it for aught I know. [Laugh- 
ter.] I have not been there for two years ; but it did seem to me, havmg 
heard of distinguished personages there, some that have occasionally illu- 
mined the Senate by the corruscations of their genius and their profound 
ability, that really Georgia had some other representatives on this floor and 
in the other House than the honorable Senator himself. 



Hoiistoii's Non-Reelection no Discredit. 523 

Can the gentleman suppose that any little mar, as he would think it to 
be, in not re-e.levating me to a situation in this body, would inflict the 
slightest mortification on me ? Not at all. I do not believe that it was 
intended in the act to compliment me, by any means. I believe it was 
designed to pretermit and to rebuke me ; and the means to do it were 
afforded, because the persons who were then in power and controlled the 
presses and political influences in the State had been pampered and nour- 
ished, and cherished by the means which my late colleague. General Rusk, 
and myself, procured for the State, the $5,000,000 granted by Congress, of 
which there remains to-day not one bit of gold-dust in the treasury of 
Texas. We gave them the means of controlling the political condition of 
that State, thinking we had placed men in power who had claims upon its 
confidence and respect. Whether it w^s a wayward fit, or whether it was a 
considered thing, I care not. It afforded me an opportunity of retiring to 
the situation that I desire ; and it has not alienated my affections in the 
slightest from the people of Texas. They have no honors to confer that I 
would accept ; still they are the people that I need not say I love. I cher- 
ish them, and their interest is to me a dear interest, because with their 
destiny my posterity are identified. 

These are the reasons that control me, Mr. President, and they shall ever 
control me. Those men had no power to inflict mortification on me, and 
their act was exceedingly grateful to me because it solved a problem which 
had never been solved before. It had been insisted upon that Texas could 
not get along without my services ; but they have demonstrated to me that 
they can get along without my services, and I am exceedingly glad of it, 
because it shows their increasing prosperity. [Laughter.] But, sir, whilst 
the constitutional term which remains unexhausted to me shall endure, I 
will continue faithfully to discharge my trust to them, and I have made a 
gain if they should perchance have made a loss, and I will avail myself of 
that advantage without leaving the Senate with a single regret, or, I hope, 
a harsh or ungentle feeling toward one gentleman within the scope of my 
view. I would not cherish a wish of unkindness to the honorable Senator 
from Georgia ; and if truthfully he can reconcile the course which he has 
adopted to himself, he will meet with no rebuke from me. But rebuke and 
vindication are different things. 

It is possible that I may be able to extend courtesy to the gentleman in 
my seclusion or retirement at home, in my humble way of life — for none of 
the blandishments of wealth or elegance have ever surrounded me in life. 
Hardy and rugged in my nature, both physically and intellectually, I have 
always been ready to meet and combat the inconveniences of life. I have 
known how to abound, and I have known how to want. I have known what 
it is to feel exultation, and I have realized abasement. Whatever Providence 
has allotted me, that I have learned to be contented with, so long as my 
honor is untarnished. The honorable gentleman may find it, ere a single 
year runs out, convenient in an excursion to Texas, after some political 
events have taken place in Georgia, to call and spend a social time with 
me, realizing that fortune is a capricious jade, and that politics are " mighty 
unsartin." [Laughter.] Should the gentleman come, I promise him the 
bread of peace, the reception of welcome ; but still he can not indoctrinate 



524 Houston'' s Literary He mains. 

me with the principles of disunion. That I announce. That is a subject 
that shall be ruled out of our social intercourse, while it meets my unquali- 
fied condemnation without attaching it to the gentleman himself. [Ap- 
plause in the galleries.] 

The Presiding Officer. Order ! 

Mr. Houston. I take the Globe, and expect to have them all filed away, 
and I may occasionally try to refresh my reminiscences, and regale myself 
by adverting to some scenes that have been exciting in the Senate of the 
United States, and throughout the nation. I shall hope that they are 
things that have been, but are not; for no sound will be so delightful to 
me in retirement as to hear that the Union is more closely bound together 
every day, cemented by affection and reciprocal kind offices ; and that that 
crimination and recrimination vvhioii has existed heretofore, has died away; 
that all agitation has subsided, and is forgotten ; that like one great family 
in a grand migration to a happier condition of national existence, we are 
marching hand in hand, and that our people feel one common cause, one 
common home, one common fraternity throughout the broad Union. 

But, Mr. President, notwithstanding the gentleman's characteristic amen- 
ity and politeness, his great amiability of disposition, and his bland kind- 
ness of demeanor, I am satisfied that, when he gave utterance to these 
sentiments, he cuuld not have been in earnest, and that they were merely 
an ebullition of the moment — nothing more. He says : 

"The Senator talks about the Union and sings hosannas in its praise. I 
have heard those songs sung before ; and I must say that I have never 
heard them sung by a Southern man without suspecting at once that his 
eye was upon the Presidency of the United States." 

Sir, that would argue, if I were disposed to be suspicious — but I am very 
unsuspecting in my nature — that the gentleman who is ready to draw deduc- 
tions from the conduct of others, was always looking at that prize himself, 
and that on the least indication, as he believed, of a similar feeling in oth- 
ers, he was ready to detect it and set it down to their account rather as an 
offense than as a commendable quality. Again : 

" It may require a great deal of charity, looking at the antecedents of 
that Senator, and the remarks he has made here to-day, to suppose, although 
his political life is about to end, that he has not lost sight of that long and 
lingering hope of his— the great folly of his life." 

Now, sir, I might call on the gentleman for some evidence of that, but I 
will not do it. I do not believe it is tangible, and I do not wish to occupy 
time unnecessarily ; but, really, I have never endeavored to chalk out a 
course of policy in my life, with reference to the Presidency, that seemed 
half so significant as to promise the dissolution of the Union and the for- 
mation of a Southern republic ; for that clearly indicates ulterior views on 
the part of the Senator, with a mind that was suspicious — not with me ! 
Again : 

" Sir, it is this very intensity of feeling which the Senator from Texas has 
so long exhibited for the Union, over and at the sacrifice of the interests of 
his own section, that the people of his State have decided to put him ia 
retirement ; and, for one, I can not but rejoice at that decision." 



Houston no Intriguer in Politics. 525 

I should like to know what sacrifice of the interests of my country I have 
ever caused. Was it for sacrificing my country that I was immolated? or that I 
was pretermitted, is a better expression, for I consider it no sacrifice without 
some loss of life ; and I am not hurt. [Laughter.] The cry was, " Abolition, 
and the three thousand preachers," because 1 advocated their right of peti- 
tion to the Senate of the United States. These were the charges made 
against me : opposition to the Nebraska bill, voting against the repeal of the 
Missouri compromise. I am satisfied that it was done, not altogether re- 
gardless of the circumstances that then existed, for it was known that about 
the time the Nebraska bill was introduced, when it was not contemplated 
to repeal the Missouri compromise, in Providence, Rhode Island, I made 
a solemn declaration that I would vote against the bill, and resist it while I 
lived. Then the alternative was suggested, " Let us bring in the repeal of 
the Missouri compromise, and Houston is either bound to retract what he 
has avowed publicly, or to vote against the repeal of the Missouri compro- 
mise, and that will put him down, by raising the cry of abolition against 
him. He will have to vote with gentlemen who are ultra in the North, and 
that will put him down, by identifying him with them Besides, the Ad- 
ministration of the Government, with all its patronage, with all the news- 
paper press, and with the cry of Democracy, shall overwhelm this man, and 
he is no longer an obstacle ; and if we have suspected he had his eye on 
the Presidency, this will kill him at home, and then he will be killed 
abroad." There is a consolation in that part of it, and I am much obliged 
to them for it. 

I do not interfere with politics out of the House or in the House, any 
more than I can help ; but I see that it is complained that the Northern 
Democracy is routed and broken down. I announced in the discussion of 
the Nebraska bill, that if you dared to repeal the Missouri compromise, it 
would be giving the adversaries of the Democracy in the North a weapon 
with which they would discomfit and beat them down ; that it was not sus- 
taining the Northern Democracy; that it was literally butchering them. 
Has it not been so } And what has the South gained by it } The result is 
that within a brief space of time, two States that would have been Indian 
territory, will be added to the North. It has placed Missouri in such a 
situation that she must of necessity yield to the surrounding influences, 
and add another State to the North. I shall not enlarge upon this ; but 
that is what the South gained. I forewarned them of the impending evil, 
and for that I was stricken down ; so far as political influences could be 
brought to bear, I was pretermitted ; and these were the offenses that I had 
committed. But the Southern vision is becoming clear; the beam is being 
taken out of their natural eyes, and they are beginning to comprehend fully 
the extent of the benefits flowing from that kind of dispensation. I opposed 
that repeal. I could not agree with gentlemen who advocated the measure 
of repealing the Missouri compromise, sanctified by so many Democratic 
associations, by the approval of Monroe and his Cabinet, of Jackson, of 
Polk, and of all the illustrious men ; approved by all ; rejected by none ; 
not even a mooted question in the community. Its repeal was concocted 
here, and from here it was radiated throughout the country with the dclat 
of a Democratic Administration, as a Democratic measure. 



526 Houston's Literary Remains. 

But did that sanctify that curse to the South ? No, sir ; it could not con- 
vert it into a blessing; that was impossible. If some gentleman of the 
North, who is considered ultra in politics — the gentleman from Massachu- 
setts, or from New York, or from Ohio — had introduced a provision to re- 
peal the Missouri compromise, what reception would the proposition have 
met in the South ? There was not a man in the whole South who would 
not have grasped his weapon of war and rushed to the scene of combat, 
and been willing to have fallen upon that line in vindication of Southern 
rights. Well, sir, did it sanctify it as a measure of blessing to the South, 
that it v/as introduced not by a Southern man, but by a Northern man with 
Southern principles? When he introduced it, it was adopted by the South 
and by both the existing political parties which had but a few years before 
solemnly abjured the reagitation of the slavery question, in their political 
conventions. Their solemn pledge was disregarded ; the torch was applied 
to the magazines of agitation ; and what has been the condition of the 
country from that moment to this, but agitation unnecessarily produced, 
for political ends and to manufacture Presidents ? That was all of it, and 
the South is yet the sufferer; and I pray God that deeper calamities may 
not fall upon her. That measure is the initiative of misfortune to the 
South. 

These may have been my antecedents ; but they are such as I am proud 
of; and I only regret I did not triumph and enforce them with ability suffi- 
cient to have produced a trembling in this Chamber, to make gentlemen 
weak in the knees who resisted the conviction that flashed upon every 
mind. 

I am sure I need not dwell upon this subject; but I will make a further 
remark to the honorable gentleman, who on a former occasion classed me 
as a party to myself. From that I rather derived some consolation, because 
I knew that according to my estimate, I could not have been in bad com- 
pan)"- if I were by myself, [laughter,] and that no difficulty could arise be- 
tween myself and my companions. [Renewed laughter.] We should har- 
monize perfectly. I see discord in other political parties; I see a great 
want of harmony ; I see " hards " and " softs," politically in the same party, 
not exactly harmonizing ; some going a little too far, some not going far 
enough; some going one road, and some another; some rather kind to 
banks, and others a little friendly to internal improvements, beyond the 
standard that General Jackson fixed. 

I am a Union man. The great champion of the Union was Andrew Jack- 
son. To him descended from the fathers of the Republic, in a direct line, 
the principles upon which he stood; and his declaration, "The Union: it 
must and shall be preserved," will never be forgotten. Sir, that will tingle 
in the cars of patriots for ages to come. All the combinations of aspirants 
or political demagogues can not defeat the great object and aim of our 
forefathers, and of the men who rise in the vista between them and us. I 
have never, in my life, seen an Andrew Jackson Democrat who was not a 
firm and decided Union man. He was not a man to make hypothetical 
cases, and say that in such and such events, in case such and such things 
would be done, the Union would be dissolved. It is easy to make a man of 
straw and prostrate him. The honorable Senator from Georgia, however 



Houston iinaljU to tltink of Disunion. 527 

says the people of Georgia would not even wait for overt acts. He thinks 
they would begin before it came to that. I thinlc there was no danger to 
be apprehended from the anti-slavery agitation so long as it was confined 
to such people as those who originated it in the North — a lady or two, and 
a gentleman or two, here and there. They became objects of importance 
from the fact that the South, choosing to agitate the matter, came in con- 
flict with them, and gave them prominence, and swelled them into some- 
thing like a political party, and, after a while, they became imposing in 
their attitude. But, sir, there were more free-soilers made by the repeal of 
the Missouri compromise than had ever existed before on the face of the 
earth. By whom was that appeal brought about ? Who produced it ? 

Sir, I am not afraid of disunion. I do not think there is any danger, 
though gentlemen may talk. There are a great many very gaseous gentle- 
men in the South who have a great deal of time to play the demagogue, 
and to become important street-corner politicians, to talk about it ; but there 
are thousands of men at home at their work, who know nothing and care 
nothing about what is said in such places and by such persons. These men 
contrive either to be sent to public assemblies on occasions that can give 
expression to their opinions, or they send themselves voluntarily, and they 
assume to represent what is considered an important class in the commu- 
nity. But, sir, they are not going to bring about disunion. An attempt 
was made in a portion of the Southern country to start a great Southern 
league, to prepare the public mind for forcing the Southern States into a 
revolution at any time that might be thought proper ; but that league was 
an abortion ; it failed ; it may have had one small branch, but it tapered 
down to the mere point of nothing. That was said to be a great effort. 
From the fuss it made throughout the South, you would have thought it 
embodied som.e great principle ; that the South were in imminent danger 
of destruction, but it happened that the South got along very well, and the 
Southern league died. That is the way these leagues will go whenever they 
start, and are brought to the attention of the people. When the people 
reflect, they will be fu!ly satisfied that it is not a league for the benefit 
either of them or of their posterity. 

I can not for a moment believe that the wisdom of the nation will ever, 
so long as time lasts, abandon the road of security and safety to it, or that 
it will ever forget the wise teachings of the fathers. What do you think 
of the great political leader who will boldly assert that the boys, nowadays, 
have more wisdom than the framers of the Constitution and the fathers of 
the Revolution had .'' Such a sentiment has been enunciated by the author 
of the Southern league; but how much regard is to be paid to his sanity, 
or how much respect to his patriotism or his opinions } Sir, what shall be 
thought when a man profanely derides the memory of our glorious ances- 
tors who established this Union, and consecrated it by their wisdom and by 
their loyalty and by their devotion to human happiness, and who had the 
prospective glory of a nation of freemen before them. The idea that an 
American tongue should be wagged to detract from their high renown and 
manifest wisdom is sacrilege. 

The honorable gentleman supposes that I meant to make a martyr of 
him, and that I imputed to him treason, and wanted to crucify him. Sir, 



528 Houston'' s Literary Memains. 

I never thought of such a thing. I meant to make no application of my 
remarks on that point to him; but I wanted to impress him with my per- 
sonal kindness of feeling, and to show that I had no hostility. I did not 
wish to evince, either in tone, in language, or in sentiment, any personal 
hostility to him. It was his opinions that I combated ; not his personal 
amiable qualities, nor his blandness, nor his personal attractions or embel- 
lishments ; but I wished to attack what I thought was the heresy of his 
positions ; not to impugn his honor, his truth, or his candor. I could not 
do that, for he is exceedingly candid. [Laughter.] It is really strange 
that he should suppose that I would crucify him. I have no doubt he 
thinks he is right ; but I would rather that he should live for a thousand 
years, that he should live until experience shall correct what I think are 
his errors ; but I would not cut short his life a single moment, or send 
him to his long account with the sin of any predilection he might have for 
disunion upon his head. I would not think of it, Mr. President. [Laugh- 
ter.] I am sure there is no single quality that I more admire than for- 
bearance ; and though that gentleman has thought proper to say that I 
charged him with treason, I beg leave to say that he was not in my mind's 
eye at the particular moment that I used the expression in regard to trea- 
son. I was referring then to a crisis over which busy memory was em- 
ployed, thinking of the scenes that had passed between that moment and 
the moment I was addressing the Senate ; what vast changes had taken 
place ; a new world of associates, and all things contrasted with that day, 
wonderful to contemplate. I never once thought of inflicting crucifixion 
upon the gentleman, nor did I think of charging him with treason, though 
I believe the sentiments he has enunciated might bear that construction, 
if we were to come down to the Constitution and its intent and spirit. He 
says it is treason to the South to do so and so. Well, sir, the honorable 
gentleman is not unconscious of his importance. I am satisfied that he is 
fully impressed with the exalted position which he occupies, and I can not 
say that I ever wish that he shall not be renewed in his position here ; but 
if he shall not be, I promise him a hospitable reception at Cedar Point, 
where we can talk over the present, talk over the past, and enjoy the fish 
of the bay and the game of the forest. 

Mr. President, I tell you that the honorable Senator is not altogether 
without some aspirations ; he feels that he is not only capable of great 
things, but that they might be thrust upon him, for he says : 

" I am free to declare, that if I had the control of the Southern people " — 

Well, now, that shows that there is good material there out of which to 
make a Governor, and if he had never thought about the control of them 
he would not, in the heat of debate, suggest it here. There is something 
deliberate and calculating in this : 

" I am free to declare here, that if I had the control of the Southern 
people, I would demand this of Congress " — 

He thinks that the South should have eveiything. He does not define 
exactly what it is, but she should have an equal share of everything, with- 
out specifying any particular thing — as I now hope she has; and he says : 

" I would demand this of Congress at the organization of every Territorial 



Northern Injustice in Woj'ds^ not in Public Acts. 529 

government, as the terms upon which the South should remain in the 
Union. I would hold our ' right ' in one hand and ' separation ' in the other, 
and leave the North to choose between them. If you would do us justice, 
I would live with you in peace ; if you denied us justice, I would not live 
with you another day." 

Now, sir, I want to know when the North has denied us justice? and I 
want to know whether words spoken are to be taken for acts done ? Is it 
to be a cause of quarrel between the North and South that a number of 
intemperate individuals at the North express ultra notions, about which the 
masses in the North do not agree themselves ? Is the language of such 
individuals to be set down to the charge of the North as meriting the 
reprobation and condemnation of the whole community ? and are they, for 
that reason, to be declared aliens and to be ostracised ? Can we control 
the expressions of persons in the North ? There is no constitutional pro- 
hibition, that I know of, against the expression of opinion ; every man has 
a right to express his opinions in this country ; and, much as I may be at 
variance with gentlemen in regard to their views, I do not consider the 
expression of them an act of treason to the South. The South very freely 
exercises the same privilege ; and if the North had the same disposition 
which is evinced by some portions of the South, they could with good rea- 
son complain of the constant talk of dissolution, and use that as a pretext 
for sloping off themselves. I do not believe that the expression of opinions 
is a violation of the Constitution ; I do not think it is sufficient ground to 
keep up an eternal quarrel. An overt act of encroachment on our rights 
would place us in a different position. I can see no use in presenting hypo- 
thetical cases continually, and saying that if such and such things were done 
that never have been contemplated or thought of, they would be good 
ground for separation. When those things occur it will be time enough to 
examine the point ; we shall be as well prepared then as we are now ; but 
to make preparation for an event that is not at all probable, may be the 
means of precipitating us into difficulties from which nothing would ever 
extricate us. When an act is done there may be something in it ; but gen- 
tlemen may express themselves as they please. 

I was censured, and it was brought up as a cause of challenge against me 
in a canvass through which I passed, that I had said that if John C. Fre- 
mont, or any other citizen under the Constitution of the Union, were elected 
President, I would not deem it cause for going into revolution or division. 
That was the sentiment I declared, and it was brought up in judgment 
against me. I repeat the sentiment — I would judge the tree by its fruit. 
The American people have the right to select any citizen who is qualified 
under the Constitution for President of the United States ; and whilst he 
discharges his duties under the Constitution, I would render him allegiance 
as faithfully as if he had been the man of my own choice, however adverse 
he might be to me. So long as he discharged his duties by executing the 
laws of the country and supporting the Constitution, I would sustain him. 

The gentleman feels ground of felicitation in the fact that I was beaten ; 

he rejoices at that result. I can join him in that feeling, and say to him 

that, if he should happen to be beaten in Georgia, we can talk over both 

events in Texas in perfect tranquillity ; and I am sure he will learn from me 

34 



530 Houston's Literary Remains. 

to be reconciled, and feel pleasant under the infliction. But, considering 
the humility of my condition, as the gentleman represented it, his attack 
really suggested to me the fable of the dead lion. Another animal passing 
by, regarding his lifeless condition, took the liberty of planting its heels in 
his face, and exulted in the infliction which it made. It was of that pecul- 
iar class of animals from which Samson took a jaw-bone to slay the Phil- 
istines. [Explosive amusement in the galleries and on the floor of the Sen- 
ate Chamber.] 

Mr. IvERSON. Mr. President, I heartily rejoice that the Senator from 
Texas, in the generous moderation which he has exhibited upon the present 
occasion, has said nothing to which I feel called upon to make any reply. 
That Senator's relations and mine of a personal character, as he knows well, 
have been long friendly and cordial ; and I regret, perhaps more than he 
that anything should have occurred to mar the kind feelings which have 
subsisted between us. But, sir, when yesterday the Senator thought proper 
to indulge in language which I considered exceedingly ungenerous and 
harsh toward sentiments which I had uttered on this floor, 1 could but feel 
that I was called upon to repel the charges he made, and to carry the war 
even into Africa ; but the kind personal feelings which the Senator has 
exhibited toward me to-day, together with the very exalted compliments he 
has thought proper to pay me, have disarmed me and suppressed even the 
temporary feelings into which I was betrayed yesterday after the speech of 
the Senator. I rejoice that I have it in my power, on the present occasion, 
to express my regrets that I should yesterday, by what I considered a harsh 
attack made on my sentiments and myself personally, have been betrayed 
into any language which was calculated to wound the sensibility of the 
Senator from Texas. 



SPEECH OF HON. SAM HOUSTON. 

Delivered in the Senate of the United States, February 3, 1859. 

In pursuance of a notice, I ask leave to introduce a bill to repeal so much of 
the act of February 21, 1857, entitled " An act to divide the State of Texas into 
two judicial districts," as creates and establishes a district court of the United 
States in the eastern district of the State of Texas, and to incorporate the same 
with the western district of said State. 

Before the motion is put, however, I desire to make some remarks explana- 
tory of its object. 

I might have claimed this as a privileged question ; but not wishing to do so, 
I have determined to submit the remarks which I wish to make in relation to 
it on the presentation of this bill. I need not inform the honorable Senate, or 
you, Mr. President, that a subject of much excitement has occupied the atten- 
tion of the Congress of the United States, in relation to the impeachment of one 
of the judicial officers of Texas. 

From the rt- flections which have been cast upon the character of Texas, I feel 
called upon to vindicate her reputation, and to stand up in the maintenance ot 
her rights, and, as I conceive, her good character. I find it has become historic 



Judge Watrous and ^^Texan Statutes of Limitationy 531 

in the proceedings of the other House, and before the committee of investiga- 
tion, that reflections of the most unwarrantable character have been cast, not 
only upon the general character of Texas, but upon her citizens at large. In 
the first place, I find in the answer of Judje Watrous before the commiltre that 
he alleges these facts as the reason for the clamor which he contended was 
raised against him. He has the effrontery to affect a tone of injured innocence, 
and 'says : 

" I should have much more respect for the manliness which should have dis- 
closed the real cause of the assault. As to the ' divers citizens ' whose rights 
had been improperly invaded, they must, of course, be the defendants in the 
only two suits which I had tried. Can it for a moment be sup,josed that, in 
trying these two very ordinary suits, I could have been guilty of such enormous 
outrages as to call for or to justify this anomalous and this clandestine mode of 
procedure ? The mystery is solved by the simple fact that the decision of one 
of the cases involved the construction of the statute of limitations, to which so 
many of the emigrants to Texas had looked as a sure and certain protection 
against those creditors whom they had left behind, and who were so unreason- 
able as to follow them into the country of their adoption, and commence suits 
upon the liens which had been created upon the property to secure the payment 
of these debts. It was, indeed, a just subject of complaint that the statute of 
limitations was not declared to be a sponge to wipe out all the debts of the 
citizens of Texas, If I had put the construction on the statute required by the 
exigencies of the case and the popular cry ; if I could have been driven from my 
position by any of the means resorted to ; if I had consented to surrender my 
reason and my judgment, and to tamper with my conscience and my oath, these 
resolutions would never have been heard of; and I should have glided smoothly 
down the stream cf popular favor, and have been enabled to taste the 'froth 
from every dip of ilu oar.' " 

I find also in the Globe that a most zealous speech was made in advocacy of 
Judge Watrous by a gentleman from New Hampshire [Mr. Tappan], and that, 
in debating the subject of impeachment when the resolutions were under dis- 
cussion in the House, he not only retracted a former judgment of Judge 
Watrous' guilt, but sought to protect him by indulging in aspersions upon the 
State and citizens of Texas, who were his accusers. This uncalled-for and 
wicked defamation, made before the country, calls for reply and for rebuke. 
The gentleman, wiih others who were interested with him in the defe ise of 
Judge Watrous, showed such utter disregard of the facts as to assert that the 
resolutions of the State urging the resignation of the judge, " grew out of the 
fact of a decision made by him, which touched the pockets of a good many 
citizens of Texas." 

1 request the close attention of honorable Senators to a history which it is 
now time to divulge, of one of the most extraordinary and monstrous conspira- 
cies ever formed by the ingenuity of man, and under the incitements of plunder. 
I design to make a full and authentic expose, which circumstances now call for, 
of a conspiracy against the public domain of Texas, of the most eno'rmous de- 
signs, conceived in the most grasping and comprehensive spirit of fraud, armed 
with the most extraordinary resources, enlisting talents and power, and all the 
ingenuities of intellect in its execution, and involved in its progressive steps, in 



532 Houston's Literary Remains. 

a secrecy that would adorn a romance, and extending in its ramifications through 
different parts of the Union — I know not where. 

The history I propose to recite, with strict adherence to the evidence in my 
possession, a part of which has been slumbering until this time, not designing 
to indulge in any assertions, or in any criminations not fully warranted by the 
text of the testimony. 

In the first place, it is necessary to explain the condition of the public domain 
of Texas, at the period when the history of the appalling conspiracy referred to 
commenced. In the year 1837, by a general law of Texas, large donations of 
land were made to those who had arrived and settled in the country previous to 
1836, the date of her declaration of independence ; to mTrried men one league 
of land, and to those who were unmarried, one-third of a league. 

Under this law boards of land commissioners were appointed, whose duty it 
was to investigate all claims on the Government for head-rights to lands, and 
to grant certificates to such persons as furnished the requisite proofs of their 
being entitled to the same. Many of these boards betrayed their trust, and 
perpetrated frauds of the most alarming magnitude, assigning large numbers 
of certificates to fictitious persons. These frauds came to be of the most open 
and notorious character ; so much so that cases could be instanced where, to 
counties not numbering more than one hundred voters, nine hundred certificates 
were issued by the fraudulent action of these boards. The amount of these 
false certificates reached at last to such an overwhelming number that on 
the 5th day of February, 1840, a law was enacted, visiting the most severe pen- 
alties on the crime of making, or issuing, or being concerned in the makipg or 
issuing any such fraudulent or forged certificates, and providing that those who 
issued, or dealt in, or purchased or located, or who were concerned in the issu- 
ing, or dealing in, or purchasing or locating, these fraudulent land certificates, 
should be punished by thirty-nine lashes on the bare back, and by imprison- 
ment from three to twelve months, in the discreiion of the judge. A law was 
passed about the same time, forbidding the survey of any land claimed under 
these certificates, until certified to be correct by other boards of commissioners, 
appointed to examine into and detect the frauds by which the bounty of the 
Republic had been abused, and an attempt made to despoil it of its domain. 

Senators will be enabled, by the light of the legislation to which I have re- 
ferred, to comprehend, on unimpeachable authority, the distressed and terrible 
condition of affairs in Texas, about the year 1840, with reference to her public 
lands. It is not necessary to accept the truth of the statement of the enormous 
and frightful frauds which threatened to devastate the Republic, robbing it of 
millions of acres of its public domain, on the faith of the popular clamor, or 
even on that of the general history of the time ; for we have here the special 
and severe legislation of the State, attesting the justice of the public alarm, and 
defending her interests against the advances of the stupendous fraud that 
threatened to engulf the fortunes of herself and of her people. To this we may 
even add the high testimony of the Supreme Court of the United States, which 
at a subs^uent date we find confirming the just causes of terror that liad so 
agitated the Republic of Texas on the subject of these certificates, in the follow- 
ing terms : 

" Immense numbers of these certificates were put in circulation, either forged 



Conspirators in Fraudulent Land Titles. 533 

or fraudulently obtained, which, if confirmed by surveys and patents, would 
soon have absorbed all the vacant lands of the Republic." 

To those who were adventurous in crime and daring in its exploits, a rich 
and tempting held was opened in the wide extent of these fraudulent land cer- 
tificates. Detection was dangerous ; but the prize was great in proportion to 
the danger. It was natural to suppose, too, that detection might be baffled by 
the resources of a company extending to distant points, and enlisting in its en- 
terprise of fraud men of capital, of position, and of comprehensive ingenuity; 
and men who, so long as they escaped the thirty-nine lashes, would not care for 
public reproaches ; and, so long as they saved their backs from public stripes, 
would laugh to scorn that lash which public indignation may put "into the 
hand of every honest man to whip the rascals naked through the world." 

John C. Watrous was appointed Federal Judge in Texas on the 29th of May, 
1846, soon after the admission of the State into the American Union. Some 
time previous to January, 1847, we find a land company organized in the city of 
New York, the main object of which was to speculate in the fraudulent Texas 
land ceriificates, and to endeavor to have them validated through the machinery 
of the courts. This company was composed of Messrs. J. N. Reynolds, J. S. 
Lake, Judge Watrous, O. Klemm, McMillen, Williams, etc. The only citizen of 
Texas who appears to be in the company is John C. Watrous, United States 
district judge, with circuit court powers. 

The object of introducing Judge Watrous into this banded association is not 
left to mere conjecture. I will presently show what facilities it was designed to 
give to the removal of suits from Texas and Texas juries, and it may be well 
understood how the high position of Judge Watrous might be lent to the ad- 
vancement, in various respects, of the interests of the company, and how his 
court might be prostituted, if he, a willing tool for gain, submitted to the vile 
offices of fraud. 

To accomplish these purposes there were also imported into Texas about the 
date of the formation of the company referred to, two attorneys in their service 
— Ovid F. Johnson, of Pennsylvania, and William G. Hale, of New Flampshire. 

Thus we find the conspiracy armed for the prosecution of its designs, having 
an active promoter in a judicial officer high in position, and having for its con- 
federates parties whose names and positions have not yet been fully disclosed. 

It appears that nearly the entire interest was represented in the city of New 
York, the commercial metropolis of the country, famous, indeed, more for its 
enterprises of good than for those magnificent adventures of fraud that form 
startling episodes in the history of a great commercial city. 

In a letter which I will here submit there are some names given of members 
of the conspiracy, including that of Judge Watrous: 

"New York, November 14, 1847. 

"Dear Sir: — This will introduce to you my friend O. F. Johnson, Esq., on 
his way to Texas, where, for the future, he intends to reside. Mr. J. was here, 
and being one ot us, was present in several conferences with Messrs. Lake, 
Judge Watrous, Klemm, McMillen, Williams, etc., in reference to our Texas 
enterprise. He can tell you all, and more than all of us could by letter. I ex- 
pect to see you before the loth December. 

" Yours truly, J. N. Reynolds. 

" Messrs. Martin & Co., New Orleans, Louisiana." 



534 Houston's Literary Remains. 

It will be noticed that to the list of names in the letter there is the significant 
afifix oi et cetera. 

It appears from the correspondence of the association, passages from which I 
shall presently submit, that the general term even included Phalen, which was 
not divulged in the list referred to, although he was president of the associa- 
tion ! Who else is included in the term et cetera ? They may be upon the 
bench ; they may be in the halls of Congress ; they may be in positions of seem- 
ing respectability ; they may be any and everywhere. The country is left to 
imagine the extent of the conspiracy, with enough known to stimulate the de- 
sire to know more. 

The plot is concerted in the city of New York, the great city for the specu- 
lative and dramatic enterprises of trade. The curtain rises there, and we find 
the dramatis personce, as far as revealed in the bills, in Judge Watrous, Rey- 
nolds, Lake, Klemm, Williams, and McMillen. It will be instructive of the 
plot to pass in review the public characters of some of the actors. 

J. N. Reynolds, a New York politician, who appears to be an active manager 
of the affairs of the company, is the individual of that name who was charged 
with receiving from Lawrence, Stone & Co., a compensation of $1,500 for lobby- 
ing a tariff scheme in Congress. 

Joseph L. Williams is an ex-member of Congress from Tennessee ; was a 
witness in behalf of Judge Watrous, in the investigation made in 1852 into the 
judge's official conduct as to the very frauds in which it now appears he was a 
confederate ; and has resided during the past and present sessions of Congress 
in this city, where he has been actively defending Judge Watrous. 

Of Messrs. Lake and Klemm, and of their mode of transacting business, we 
find some curious accounts in one of the numbers of " De Bow's Review," 
in the year 1848. (See October and November numbers, pp. 262, 263, treating 
of the connection of these gentlemen with the bubble banking system.) 

The article tells us that — 

" Mr. J. S. Lake was formerly canal commissioner, and became the largest 
stockholder in the Bank of Wooster [Ohio], an institution never in good repute, 
and which was on the point of failing three years ago, together with the Nor- 
walk and Sandusky banks, in connection with the exploded bubble called the 
bank of St. Clair, Michigan. The capital of the Wooster Bank was $249,450; 
of that there stood in Mr. Lake's name $171,900. Mr. Lake then moved 
to New York, and commenced business as a broker under the firm of J. S. 
Lake & Co., in Wall street. The Co. was his son-in-law, O. Klemm, who was 
doing business in Cle^'eland under the firm of O. Klemm & Co., the Co. being 
J. S. Lake, in New York. Klemm was also cashier of the bank. Those gentle- 
men performed all the business of the bank; that is to say, Mr. Klemm purchased 
with its means eastern drafts, and sent them to Lake for collection. Lake making 
his returns occasionally, the other directors knowing but little of the transactions. 
With the large amount of the means derived from the Wooster Bank, Lake & 
Co. speculated in produce, on which they acknowledged a loss of $150,000, and 
they started three other Ohio banks, besides buying the Mineral Bank of Mary- 
land and a bank in Texas." ..." Here, then, Lake & Co. had borrowed of the 
public on small notes through four banking machines, one laying the foundation 
of the others, $936,398." 

Mr. Lake's banking operations were extended to Texas, under. circumstances 



Branch JBanJcs and Forged Titles. 535 

which make it evident that they were particularly designed to further the gigantic 
land conspiracy conducted there by Judge Watrous, and to furnish additional re- 
sources of power in the execution of their plans. We find this confederate 
of Judge Watrous securing the only bank charter in Texas. The mother bank 
was established at Galveston, Judge Watrous' home, and its president was 
Samuel M. Williams, whose name has been prominently brought forward in the 
late investigation into Judge Watrous' conduct in connection with the La Vega 
eleven-league grant ; also with the grant in the Uffurd and Dykes suit, and with 
the forged power of attorney introduced into both these suits. 

Further: we find that, simultaneous with the institution of the Cavazos suit 
(which involved an immense amount of property — an embryo city, a port of 
entry, numerous villages, and valuable government improvements — and in which 
Judge Watrous' conduct was charged to have been fraudulent and corrupt), a 
branch bank is established at Brownsville, which is included in the Cavazos 
grant. Of this branch bank, Reynolds, one of the land company, and its active 
agent, is appointed manager or president. He appears to have entered into 
these banking operations vvith great spirit, judging from his letters in relation to 
the affairs of the land company, in which he speaks of importing "trunks full " 
of notes, and adverts to the lands on the Rio Grande, where his bank was 
located, as " an empire worth fighting for." I will read extracts from these let- 
ters, as they throw light on the general subject, which may be instructive. 

" New York, November 14, 1847. 
" Dear Sir : — .... The first plate is done, and the second is under full 
way. We had a very pleasant time when Klemm and McMillen were here. Mr. 
Williams, with whom you have become acquainted, was here, and we had a 
supper at Delmonico's. Johnson was with us, also Lake and Judge Watrous. 
Mr. Lake is hurrying like Jehu, and says we must be off, so that you, Mc, and 
I, shall leave New Orleans by the loth. I am not half ready to leave, but sup- 
pose [ shall be tumbled off with a trunk full. 

" Yours truly, J. N. Reynolds. 

" To '-." 

" New York, Afay 6, 1847 

" My Dear Sir : — I shall endeavor to leave here for Philadelphia on Monday 
next. I am extremely anxious to see you ; and Mr. Phalen, the president of our 
association, has business in Baltimore — he will leave on Saturday — so that on 
his return through your city we may all have an interview together. 

" 1 send you a map of our survey on the Rio Grande — an empire worth fight- 
ing for 

" To O. F. Johnson, Esq. J. N. Reynolds." 

It may be easily understood what service these bubble banks might perform, 
or might be expected to perform, in furnishing resources of power to the land 
company, and particularly in a small community like that of Brownsville. No 
exertion of power, or resort of ingenuity, seems to have been left untried by the 
conspirators to compass their infamous ends. 

A United States judge was secured as a confederate ; attorneys were imported 
into the country to give vigor to the speculation ; and banks were established to 
subserve the ends of the conspiracy. All the transactions of different members 
of the company seem to have been " part of one stupendous whole," banded in 



536 JBo2(sto)i's Literary Remains, 

one common design of plunder ; and a rivalry seemed to exist as to who should 
grasp the larger fortune in the land controversies of Texas. 

To convey some idea of the fearful magnitude of the operations of this land 
company, I may state that it appears, from the action of the Senate of Texas on 
the subject, that they extended to twenty-four millions seven hundred and thirty- 
one thousand seven hundred and sixty-four acres of land, besides being impli- 
cated in the proceeds of other interests of immense value, to which I shall pres- 
ently allude. 

To give some idea of the confidence which appears to have animated this vast 
conspiracy, I may here introduce a letter in which Reynolds, one of the principal 
financial conductors, proposes to another member of the conspiracy to have still 
another judicial district created " in the glorious country their locations covered," 
and to secure the appointment of judge there. It seems that these parties were 
not satisfied with having enlisted the services of one federal judge to pro- 
mote the ends of their conspiracy ; they were anxious to perfect their organiza- 
tion by securing the appointment of still another judge in their interest, to share 
the labors of his honor, John Charles Watrous. I will read the brief but inter- 
esting disclosures made in the letter I have alluded to. Here it is : 

" Branch of the Commercial and Agricultural Bank of Texas, 

AT Brownsville. 

" Dece7nber ii, 1850. 

" My Dear Johnson : — .... You have seen the report recently published 
mihe. Repttblic o{ the glorious country our locations cover. I think you can gain 
it ; and then get a law passed for a new United States district, and take the ap- 
pointment, I would go on at the heel of the session, and log-roll for you 

if necessary. 

" Yours truly, J. N. Reynolds." 

The members of the company seem to have a great aptitude for " log-rolling," 
and the disreputable appliances of the lobby. They must have considered them- 
selves very potential in this respect, to judge from the frequent propositions of 
the kind. They had supreme confidence in themselves; and their continued suc- 
cess seems to have inspired the belief that there was naught too difficult or too 
high for spirits like theirs to dare. 

As a further instance of the determined courage of these honest gentlemen, 
and their resolves to do or die, I am tempted here to give one other extract of a 
letter from Reynolds to Johnson, written at New York. It suggests, too, the 
desperate character of the enterprise for which the writer required men of 
" nerve " to adventure in the boat now floating down the stream of success, 
but which might at any time be dashed upon the rocks. He writes as follows : 

" New York, Afay 4, 1847. 

" My Dear Sir : — .... We play for empire, and will see it to the end. 
If you find any of your moneyed friends who have the nerve to go into this boat 
with us, at this stage of our voyage, I will give them an interest on the most fa- 
vorable terms. As to the value of the lands there can be no doubt. Does the 
Judge talk of coming North ? 

" Yours truly, J. N. Reynolds. 

" O. F. John.son, Esq." 

From the point to which I have now reached, in the narration of the facts as 



Plot to remove Trial to New Orleans. 537 

to the org'anization, the object, and the means of this company, the history be- 
comes more interesting, inasmuch as it directly involves the acts of Judge Wat- 
rous, and exposes, over their own signature, in letters, the shameless schemes 
of the members of the company to corrupt the courts of the United States. 

The first movement of the parties in the court seems to have been the insti- 
tution of a made-up suit, to test the question how far the fraudulent land certifi- 
cates might be vali:lated by the action of the courts. The suit was brought in 
Judge Watrous' court by Phalen, a citizen of New York, against Herman, a 
citizen of Texas, on a promissory note for three thousand dollars, dated 5th July, 
1846, at ninety days. 

The inspection of the correspondence of the land company betrays the fact 
that this man Phalen was the president of that company, and a confederate of 
Judge Watrous. 

The defense was that the note was given for a fraudulent, and therefore 
worthless land certificate. 

The petition in the suit was filed on the 21st of January, 1847. 

The answer was filed on the 22d of the same month. 

The transfer to New Orleans, on a[)plication of the plaintiff, was made on the 
next day after, the 23d. Thus, in less than seventy-two hours from the institu- 
tion of the suit, it was transferred to New Orleans, on application of the plain- 
tiff. All this was done out of term time. 

The transcript was filed there (New Orleans) on the nth of February. The 
trial was commenced on the i6th of that month; and the case was finally sub- 
mitted, for decision, on the 23d of March. 

Thus we see, that in sixty odd days from the filing of the petition, the case 
was put at issue, transferred, tried, and submitted. It appears that in the plead- 
ings at New Orleans, it was admitted by the plaintiff that the certificate which 
he (Phalen) had sold to Herman for three thousand dollars was a. fraudulent one, 
issued to a fictitious person. 

It appears, moreover, that Judge Watrous had informed one of his confeder- 
ates in the land association (Reynolds) of the transfer of the suit referred to, 
actually before it had been commenced in his court ! In a letter from Reynolds 
to Johnson, dated the loth of February, 1S47, he says : 

"Judge Watrous informs me, by letter of the 19//^ ultimo, that you were to 
leave the next day, from Galveston, for New Orleans, in charge of our land case, 
with the view of bringing it before the circuit court of that district." 

This information was given on the 19th of January ; the suit was not even in- 
stituted until the 21st of that month. 

I will now read some of the correspondence in my possession, that passed be- 
tween members of the land company touching the conduct of this suit : 

" New York, February 10, 1847. 
"Dear Sir: — Judge Watrous informs me, by letter of the 19th ultimo, that 
you were to leave the next day, from Galveston, for New Orleans, in charge of 
our land case, with the view of bringing it before the circuit court of that dis- 
trict. And I hear from Major Holman, that you were daily expected in Phila- 
delphia. I write therefore, at present, merely to say, that if you are in New 
Orleans, that I have caused Mr. Grimes to be written to by one of our associ- 
ates, and that he will join you in the case. I am very anxious to have your views 



588 Houston's Literary Remains. 

briefly on the prospect ; and if you will keep me advised of its progress, it will 

lay me under an obligation I shall take pleasure in requiting. In my judgment, 

tke least possible ttotoriety should attend the case in New Orleatis, no matter 

what the result may be. Nor do I think it was the best pohcy to have pressed 

the courts of Texas. They may be easily made to follow the law, while they 

have not the nerve to pronounce it. 

" You will please call on Mr. Grimes. Let me hear from you. 

" Yours truly, J. N. REYNOLDS. 

" Ovid F. Johnson, Esq." 

" New York, May 22, 1847. 

"My Dear Sir : — Can you not contrive through Jennings, of New Orleans, to 
get at the Judge's opinion } His mind must, ere this, have been made up. Tell 
Jennings to get it out of the clerk of the district or of the circuit court. Tell 
him that you must have it for me in advance of the mail. Do your best to have 
the decision go off qtiietly in New Orleans. As Jennings is noza interested, 
tell him that he must work to our hands. Ail this you can do from your acquaint- 
ance with him. You may promise him your influence as to the future, and it 
will not be less potential than the Duke. I would give anything to know at this 
moment, as I could so much better shape my action with Mr. M. Indeed, if we 
get a favorable opinion, and have the news in advance, I shall go by lightning to 
Texas. 

"Ovid F. Johnson, Esq. J. N. Reynolds." 

The declarations of these letters, perhaps, surpass anything ever seen in a 
correspondence of this nature, in shameless effrontery, and the betrayal of cor- 
rupt intentions. It is openly advised that " the best should be done to have the 
decision go off quietly in New Orleans "; that " the least possible notoriety 
should attend the case," It is recommended that dishonorable influences should 
be used with the officers of the court there ; and it is admitted that they had 
been made interested in the case. Not satisfied with the part he had already 
taken in the making up and direction of this suit, but rivaling his confederates 
in the steps taken toward influencing officers of the court, we find Judge Watrous 
leaving his court at Galveston, to attend the court at New Orleans during the 
progress of the suit ; thus giving an influence to his views and interests by his 
presence and countenance. 

On the 30th of June, 1847, a decision was given in the case of Phalen vs. Her- 
man, in the court of New Orleans, in favor of the plaintiff, declaring the fraudu- 
lent certificate sued on to be valid, and giving judgment for $3,000. Here the 
curtain drops in New Orleans ; but without a day's intermission rises again, in 
continuation of the plot, in Texas. 

With reference to this Phalen suit we find the following judgment expressed 
in a series of resolutions passed in August, 1856, by the Senate of Texas, but at 
too late a day in the session to obtain the action of the other legislative House : 

" Said judge (Watrous) is guilty of obtaining and attempting, by contriving 
and carrying on a made-up suit in his own court, to validate in the same over 
twelve hundred fraudulent land certificates, claimed by himself and his ' com- 
peers,' and of a class — in all the enormous amount of twenty-four millions three 
hundred and thirty-one thousand seven hundred and sixty-fnur acres — of fraudu- 
lent certificates, thereby attempting to deprive his country of a vast domain, be- 



Artifice Practiced in New Orleans Court. 539 

sides causing the State the cost of additional counsel in defending herself against 
such enormous preconcerted spoliations ; and, on discovery of his interests in 
said class of certificates being made, said judge transferred said suit for determi- 
nation to the United States court in another State, after shaping the case and 
influencing that court in such a manner as to obtain his desired judgment." 

It will be observed from what I have stated of the sudden translation of the 
conspiracy from New Orleans to Texas, that there is no pause in the progress 
of the drama; the scenes are shifted with almost incredible swiftness; and 
when the interest might seem to flag, we find a new character introduced into 
the drama to challenge our admiration of the versatility and resources of the 
plotters. 

Thus we find, on the very day of the rendering of judgment in the Phalen 
suit at New Orleans, Thomas M. League, a new character in the play, but suf- 
ficiently well known as a partner of Judge Watrous in his land speculations, and 
an ally in all his enterprises, intervenes, and institutes a suit in the State court 
of Texas, as the transferee of the identical fraudulent certificate that had been 
declared valid in the United States district court at New Orleans. This Mr. 
League will be found to be a conspicuous party throughout the whole system of 
fraud dealt out through Judge Watrous' court. In a resolution adopted by the 
Senate of Texas, in 1856, just referred to, his connection with the judge is 
pointedly alluded to ; and it is stated : ♦ 

" That it is believed by many good citizens that said Watrous, in connection 
with Thomas M. League, and other compeers, are directly or indu'ectly interested 
in most of the important suits brought in his court." 

It will be well to keep an eye on this Mr. League, and to note his association 
with the enterprise of the fraudulent certificates, for there will hereafter be 
shown his connection with other and later schemes of judicial fraud, carried out 
through the machinery of Judge Watrous' court. 

It would appear, from the evidence taken before the committee of the House, 
in the investigation into Judge Watrous' conduct, an attempt is made to have 
it appear that League's connection with him dated from the inception of the 
Lapsley frauds, in 1850; but here we have the fact to note of his previous con- 
nection with the judge's land speculations; and find him, in 1847, at the head 
and front of the nefarious land certificate conspiracy. His connection with 
Watrous was a general one, and contracted with a common design, whenever 
and wherever opportunity offered. 

The object of this suit, instituted by League, was to compel the surveyor to 
survey the land called for in the certificate. Thus we have the case brought 
into the State court, backed by the authority of a precedent decision, declaring 
this fraudulent certificate valid. The manner of thus bringing it may be ex- 
plained by that passage in the letter of Reynolds, in which he says : 

"Nor do I think it was the best policy to have pressed the courts. of Texas. 
They may be easily made to follow the law, while they have not the nerve to 
pronounce it." 

The case was decided in Galveston, the court sustaining the surveyor in his 
refusal to survey under such certificate ; whereupon an appeal was taken to the 
supreme court of the State, at Austin. 

Now to exhibit more fully the connection of Judge Watrous with these suits, 



540 Housto'ii's Literary Remains. 

and with the general affairs of the land company, I will here read a letter which 
appears to have been addressed by William G. Hale, on the subject of this case, 
on the 14th of March, 1847, to Judge Watrous, who was then at New Orleans, 
being the same time when the Phalen suit was pending there. 

"Austin, March 14, 1847. 

" My Dear Friend : — I have written several letters to you at Galveston, 
which your trip to New Orleans has probably prevented from reaching you. 
They contained some particulars which it is important for you to know, and I 
will briefly recapitulate them. 

" Our case was docketed No. 504, nearly at the heel now, although some new 
appeals have come up. As the court is going over the docket regularly, and 
has about reached No. 250, it would be some time before we could get a hear- 
ing ; but we expect to bring it in during the absence of the lawyer here, on the 
spring circuit. Hemphill speaks of taking a vacation in his turn. You will 
find more about it in my other letters. We have been looking over the case 
carefully, and have, we think, discovered some new points. 

" Col. , from Nacogdoches, was here a short time ago, and being con- 
nected through some business with Colonel , communicated to us several 

startling pieces of intelligence. He says Miner has been riding about his part 
of the country, endeavoring publicly to buy up the certificates, but the large 
holders, being generally men of some respectability, would not associate with 
him, or listen to his offers; that he was thus compelled to traffic with the low- 
est class of bar-room vagabonds, who palmed off upon him forg'ed ax\d duplicate 
certificates, and boasted openly of cheating him, in all the ' groggeries.' 

" This may, or may not, be correct ; Miner, not the seller, may have been the 
cheater; but it shows the necessity of additional caution, and, coupled with his 
former conduct, furnishes, perhaps, a good ground for restraining him in his 
course. 

" Col. Ward refuses to patent islands. A 7Jiandanttis will be necessary. 
" I have inspected the titles of the Nueces, and will have an opinion ready. 

"We have had a long interview with Mr. Hedgcoxe, the agent of Peters 
colony, and ate arranging matters. 

"Ever yours, William G. Hale. 

"Hon. John C. Watrous, New Orleans, Louisiana." 

1 ask the particular attention of honorable Senators to the terms and expres- 
sions of this letter; the trading with "bar-room vagabonds"; the likelihood of 
the sellers of these certificates having been " cheated " in the trade ; and the 
chuckling tone of congratulation in the assertion of the probability of " Miner 
being the cheater, not the seller." It is to be recollected that this letter was to 
Judge Watrous himself. It was about " our case." Here is the letter of the 
" dear friend," the counselor, the agent of a United States district and circuit 
judge, informing him of trades made for his (the judge's) benefit, with drunken 
vagabonds, and chuckling over the cheats thought to be imposed upon the dirty 
and miserable bar-room gangs with whom it was found necessary to carry on 
their criminal commerce. Here is the principal, Judge Watrous, judge of a 



Cheating of ^^ Bar-room'''' Confederates. 541 

federal court, adopting the acts of this smart agent, participating in the low 
swindling of bar-room vagabonds, and through the letters of his agent, com- 
muning with himself, and congratulating himself on the fruits of the lowest and 
most debased exploits of fraud. 

It must be recollected, too, that this commerce in land certificates, openly 
treated of between Judge Watrous and his agent, was in violation of a law, of a 
highly penal character, punishing the offender with the infamy and pain of 
thirty-nine public stripes on the bare back. 

Here also is another letter, which I will read, from the same William G. Hale 
to O. F. Johnson, directly indicating Judge Watrous' active connection with 
the suits referred to, and with the procurement of fraudulent land certificates : 

"Galveston, Jtdy 5, 1847. 

" My Dear Sir : — Colonel , Judge Watrous, and myself, received the 

' legal papers ' and your letter. Judge Norton happened, by the merest good 
fortune, to be here at the time, and Trueheart also ; so the whole matter was 
arranged here and by a trip to Houston. 

" We altered the petitions materially, owing to many reasons which have 
sprung up since you left. Judge Watrous will explain them to you at length. 
All the papers were sent to San Antonio by Colonel Wilson, a partner of True- 
heart, who pledged himself to have them filed by the 20th of last month. That 
directions should be sent from New York on the first of June, and in a matter 
of such difficulty, and be executed in San Antonio on the 25th, is one of those 
lucky chances which rarely happen. 

" I have received several letters from the trustees of the Peters Association, 
and have written to them explaining some matters. What arrangement did 
you make with them as to fees ; and will they advance anything.'* 

" Our other matters remain in statu quo. The Stafford cases have given us 
much trouble, but we shall get out the attachments in a few days. We may, 
however, have to promise the sheriff, as an incentive, the $175 which, as you 
wrote us, the banks agree to advance for expenses. 

"Judge Toler is quite anxious about the 'Grant claims.' The papers in 
Holman's hands I hope you will be able to procure. The original certificates 
of the grant, ninety-seven in number, have been just found among Judge W.'s 
papers. Toler said he would be at the North this summer. A. Allen has 
already gone on. I suppose you have seen him. He will give you some trouble 
in arranging this matter. 

"Judge Watrous will be in New York about the first of August. He has 
been detained here by business. 

" Very truly yours, William G. Hale." 

The papers referred to in the above letter, as sent to San Antonio, by Colonel 
Wilson, were fraudulent land certificates, exceeding one million acres, besides 
an indefinite number which Hale, in his instructions to Wilson, designates as 
" No. 2 "; a list of those in the hands of Miner, the agent referred to in the letter 
from Hale to Watrous, as dealing with bar-room vagabonds, and cheating them 
for the benefit of his principal. 

I may here introduce another letter from Hale to Johnson, showing the prose- 
cution of the designs of the conspirators, as dealing in these fraudulent certifi- 



542 Houston^s Literary Bemains. 

cates, in defiance of the penal statute, and showing- also the great estimation of 
the advantage of having these certificates put into a company stock, and " man- 
aged " by Judge Watrous and his confederates; for to secure this advantage 
one hundred and fifty thousand out of three hundred thousand acres is offered 
as a premium. 

"Austin, February 24, 1847. 

"My Dear Sir: — . . . . Colonel met here with an old ac- 
quaintance, Colonel , and, what is more to the purpose, a large land- 
holder in the East. Through some former business connections with him, 

was able to persuade him to an arrangement most advantageous to us. 

holds about sixty of the rejected — ah ! call them not fraudulent ! — and 

thinks he can secure as many more. He is willing to give us half in order to 
have the others put into the company stock, and located and managed with the 
rest ; most kindly offered to divide with us, so that this arrangement will secure 
us about thirty more leagues, or one hundred and fifty thousand acres con- 

tingeiitly. has gone home now to obtain them. He speaks in the most 

disrespectful terms of Miner and his management. 

" Miner is here, and going to San Antonio. I have, most strangely, received 
no letter yet from Judge Watrous, respecting- the final settlement with the 
'little fellow,' nor the survey and the engagement of Hay, but I expect one 
daily. Miner's presence will complicate matters, I am afraid. 

"William G. Hale." 

The expression of this letter " ah ! call them not fraudulent," is curious for its 
flippant irony. It reminds one of the same self-complacency with which, in a 
formerly-quoted letter, he opines his agent, Miner, to be "the cheater, not the 
seller." 

To return to the histor}' of the case which Mr. League had taken in hand. 
At the December term of the Supreme Court of the United States, judgment 
was rendered, affirming the judgment of the Supreme Court of Texas, declaring 
the certificate invalid and void. 

It might have been supposed that after the judgment of the Supreme Court of 
Texas, the high Court of Appeals, and, finally, after the decision of the Supreme 
Court of the United States, against the validity of the certificate, further efforts 
on the part of the company would have been hopeless. But what vitality, what 
ramifications, what resources, must they have possessed, when we find them 
daring, at the last, as I shall show, to anticipate exerting an influence on the 
United States Supreme Court itself? This, certainly, was a fitting climax to 
audacity and assertion of power. Thus we find this branch of the scheme of 
the conspirators expiring with an adventurous and desperate effort to retrieve 
their fortunes by improper influences with the courts; the last effort, still char- 
acteristic, and still significant of the comprehensive grasp and connections of 
this most extraordinary combination. 

As exposing the honest proposition of exerting an influence on the Supreme 
Court of the United States, I will here read from a letter from Mr. Joseph L. 
Williams on this subject, to whom, it appears, was and is allotted the Wash- 
ington branch of the company's operations : 

" Washington City, November i, 1851. 

"Dear Sir: — . . . . Your suggestions as to the proper course for our 



Scheme to Acquire the Texas Salt Lake. 543 

party to pursue, in respect to the Sali Lake, commanded, as they still do, my 
most earnest attention. Not doubting that you have most thoroughly viewed 
this triangular title— not hearing from Mr. Reynolds on this point, and of course 
unadvised of his peculiar views in detail, in relation thereto — I must say that I 
most fully concur in your views of our best policy. Time is on the wing. A 
fewr years more, and Mr. Reynolds and I border on ' the sere and yellow leaf.' 
Of immense value, the property admits of a very long division. A protracted 
litigation, in quest of the lion's share, divests us virtually of all, and secures 
something only to our legal representatives. Du7n vivimus, vivamus. So say 
I. Of our party, Mr. Reynolds holds the major interest ; perhaps nearly all. 
Compared to his, my right is small. Thus, I feel some delicacy in obtruding 
any conclusion of mine against any deliberate judgment of his. I have the 
utmost confidence in his judgment and discretion. 

" I am also sure that all that can be compassed by energy and perseverance, 
he (Reynolds) will accomplish. And yet, he may be impelled by the rivalry to 
evade an obsolete title on the one hand and a fraudulent one on the other, 
backed, as it is, by the perjured tyrants of a petty and venal Legislature. Hence, 
you will oblige me by assuring our old friend Reynolds that while, under the 
peculiar circumstances, I venture my mite of advice, in confirmation of yours, 
with due deference to. him, I yet offer it most urgently. Please, therefore, show 
him this letter. As he is of course familiar with all the positions stated in your 
letter, they need not be detailed in this paper. My health, though far better 
than when I saw you here, under so many months of the care of Dr. Francis, of 
New York, is still by no means reliable. If this thing can be made available 
during the short life I have yet probably before me, I am very anxious to see 
that result. 

"I find much of your matter of reliance in the big suit, in Bibb's Reports. 

This casually led me, the other day, to bring the case to the notice of . 

He seems perfectly familiar with every precedent and doctrine applicable to this 
case, and its whole class, and he says it is quite impossible for the Supreme 
Court, on deliberate review and consideration, to abandon right, reason, and 
customary law on account of one casual act of stultification at the last term. 
/ shall ?tol omit the part of striker with certain inembers of the court, which 
I told you I would see to. I am already here for the purpose, I will persuade 
Catron, of Tennessee, to take the case under his especial charge. 

"Joseph L. Williams." 

It has been shown, incontestably, that Judge Watrous was a member of the 
conspiracy, in the furtherance of whose designs Williams was acting. The part 
assumed by this man as " striker " with certain members of the Supreme Court, 
was, to all intents and purposes, the act of Judge Watrous himself. He (the 
judge) was responsible for the acts of his confederates, having entered into a 
conspiracy with them for their mutual profit, and with a common design. Such 
is the rule of evidence. Such is the irresistible conclusion to be made in cases 
of this nature, according to the authority which I will here read, from the great 
and universally admitted text-book on the subject of evidence, which is no doubt 
familiar to honorable Senators : 

" The evidence in proof of a conspiracy will, generally, from the nature of the 



544 Houston's Literary Remams, 

case, be circumstaniml. Though the common design is the essence of the 
charge, it is not necessary to prove that the defendants came together and 
actually agreed in terms to have that design, and to pursue it by common means. 
If it be proved that the defendants pursued by their acts the same object, often 
by the same means, one performing one part, and another another part of the 
same, so as to complete it, v/ith a view to the attainment of that same object, 
the jury will be justified in the conclusion that they were engaged in a conspiracy 
to effect that object. Nor is it necessary to prove that the conspiracy originated 
with the defendants, or that they met during the process of its concoction ; for 
every person entering into a conspiracy or common design already formed, is 
deemed in law a party to all acts done by any of the other parties, before or 
afterward, in furtherance of the common design." — 3 Greenleaf, sec. 93. 

This rule for determining the responsibility of Judge Watrous I would have 
borne in mind, as I shall proceed to develop the acts of the different conspira- 
tors in the prosecution of their common schemes of fraud. 

What state of things could exist, or can be imagined, that would more loudly 
and imperiously call for resolutions such as were passed by the Legislature of 
Texas, in the name of an outraged people, against the judicial plunderer and 
conspirator who was aiming to coin his fortunes by forgery and fraud the most 
stupendous } A copy of these resolutions I beg to submit here for the consider- 
ation of honorable Senators : 

" JOINT RESOLUTION. 

" Whereas, it is believed that John C. Watrous, judge of the United States dis- 
trict court for the district of Texas, has, while seeking that important position, 
given legal opinions in causes and questions to be litigated hereafter, in which 
the interests of individuals and of the State are immensely involved, whereby it 
is believed he has disqualified the court in which he presides from trying 
such questions and causes, thereby rendering it necessary to transfer an in- 
definite and unknown number of suits, hereafter to be commenced, to courts out 
of the State for trial ; and whereas it is also believed that the said John C. Wat- 
rous has, while in office, aided and assisted certain individuals, if not directly in- 
terested himself, in an attempt to fasten upon this State one of the most stupend- 
ous frauds ever practiced upon any country or any people, the effect of which 
would be to rob Texas of millions of acres of her public domain, her only hope 
or resource for the payment of her public debt ; and whereas his conduct in court 
and elsewhere, in derogation of his duty as a judge, has been marked by such 
prejudice and injustice toward the rights of the State, and divers of its citizens, 
as to show he does not deserve the high station he occupies : Therefore, 

" Be it resolved by the Legislature of the State of Texas, That the said John 
C. Watrous be, and he is hereby requested, in behalf of the people of the State, 
to resign his office of judge of said United States Court for the district of 
Texas. 

" Sec. 2. Be it further resolved. That the Governor forward the said John C. 
Watrous, under the seal of the State, a copy of the foregoing preamble and res- 
olution ; also, a copy to each of our Senators and Representatives in the Con- 
gress of the United States. 

" Approved, March 20, 1848." 

An absurd and abortive attempt has been made by Judge Watrous and some 



Judge Watroui Fravds before U. S. Congress. 545 

of his especial advocates, to explain the feeling that prompted the passage 
of these resolutions, by the fact that he had given an unpopular decision on the 
statute of limitations. Indeed, Judge Watrous, in his printed answer to the 
charges assigned against him, adopts this preposterous assertion as his prin- 
cipal defense, and appears to suggest that, instead of himself being the criminal, 
the people of Texas are so dishonest and depraved, that the standards of 
morality he has adopted in his court are too high for them to appreciate 
and conform to. The falsehood of this is only exceeded by the obliquity of 
the shameless man who utters it. In making such a statement in his answer, 
he knew that he was stating what was untrue in fact and false in spirit. And, 
furtlier, I shall prove that he not only stated what was untrue, but was con- 
strained to convict himself of it before the committee that inquired into his 
conduct. 

In his answer to which I have reference, Judge Watrous has the effrontery to 
assert that his ruling in the case of the Union Bank vs. Stafford, on the statute 
of limitations, brought upon him the censure and denunciation conveyed in the 
resolutions of the Legislature. This was worse than puerility, for it proved to 
be utterly untrue. The Stafford suit was not even instituted until some months 
after the resolutions had been passed by the Legislature. 

This essential fact Judge Watrous thought to suppress ; but when the 
committee called for witnesses from Texas, and he had reason to suppose 
that his falsehood would be detected, he was then fain to acknowledge it, and to 
make the humiliating and self-convicting request of the committee to withdraw 
his answer, committing him to the falsehood, from the files, so that he might 
suppress the public evidence of his infamy, at least in this particular. 

In 1852, the matter of the judge's nefarious dealings in fraudulent land cer- 
tificates was brought to the attention of Congress, and this charge, among other 
matters of crimination, was assigned against the judge in a memorial of William 
Alexander, a citizen of Texas. Only three witnesses, however, out of twenty- 
one tasked for by the prosecution, were sent for, and these three not witnesses 
to any one of the specifications pending against the judge. The committee re- 
ported the evidence insufficient ; the House failed to act in any way on the mat- 
ter, and the facts, therefore, of the case, remained undeveloped an'd occult, and 
the justice of it unvindicated. 

The Legislature of Texas, at its last session, instructed the Representatives of 
that State to urge the trial of Judge Watrous on all the charges against 
him ; and in obedience to these instructions the Hon. Mr. Reagan, who in 
part represents the State in the other branch of Congress, had the memorial 
of Mr. Alexander taken from the files, and referred to the Judiciary Committee 
for investigation. Mr. Reagan urged an investigation of the charges contained 
in that memorial ; and in his speech in the House, on that subject, states : 

" I also offered to the committee to make the charge against Judge Watrous, 
that he had sold three fraudulent league certificates to a gentleman by the name 
of Lowe, of Illinois, for about six thousand dollars, when he knew the certifi- 
cates to be fraudulent, void, and worthless ; and when, by the laws of Texas, to 
sell such certificates was a crime of the grade of forgery, and punishable with a 
most ignominious penalty. And I proposed to prove this charge by a part of a 
record which I had from the district court for Galveston county, Texas, and by 
00 



546 Houston's Literary Remains. 

the testimony of gentlemen who were then here as witnesses in this case from 
Texas. 

" But Judge Watrous resisted my right to make these charges, and the com- 
mittee felt themselves l^ound by the action of the House on the Alexander memo- 
rial, as these were a part of the charges contained in that memorial, and de- 
clined to hear the charges. I then gave notice to Judge Watrous, and his coun- 
sel. General Gushing, that when the House came to act on the report of 
the committee I should bring these things to the attention of the House, so that 
if, by such means, he should elude a trial and escape justice, the Representatives 
of the people, and the people of the nation, through our proceedings, should 
know how it was done." 

Here I might rest on the proofs already submitted of Judge Watrous' deep 
and dire offenses in connection with the land company, to the extensive opera- 
tions of which I have but briefly referred. But I conceive that the just interests 
of my State, and those of some of her most valued citizens, who have been in- 
jured, misrepresented, and betrayed by the machinations of this conspiracy, re- 
quire that I should extend the narrative to other principal facts. 

I have already made brief allusion to the operations and designs of the con- 
spiracy in the direction of the Rio Grande. This branch of the speculation de- 
serves, on account of its great importance, a fuller development of the facts 
connected with it. 

The Cavazos grant was one of immense value, and constituted a tempting 
prize to the grasping and rapacious spirit of these land speculators, with whom 
Judge Watrous was actively connected. It lies about sixty miles on the Rio 
Grande ; about forty miles on the Gulf of Mexico and the Laguna Madre, and 
about sixty miles on the Sal Colorado. It contains about two hundred and fifty 
thousand acres of land. It embraces within its limits, as claimed by Cavazos, 
the town or city of Brownsville, also Point Isabel, which is the site of the Cus- 
tom-house, and the port of entry for the Rio Grande country ; besides numerous 
villages or ranches, and also valuable government sites and improvements. With 
the expectation of occupying the upper portion of the Rio Grande country, "an 
empire worth fighting for," it was necessary for the company to have this coast 
outlet to complete their gigantic scheme. Point Isabel was the only coast out- 
let for the great salt lake of Texas that lay within sixty miles of it, and that con- 
stituted an inexhaustible source of wealth. This great principality that com- 
manded the outlet of the Rio Grande country, and that so abounded in all 
the elements of wealth, was reputed to be owned by some eight Mexican 
families. 

The salt lake I have referred to was another grand prize, which the land 
company was seeking to grasp through the aid of Judge Watrous. I shall 
presently show how this underplot, too, was conceived and conducted in the 
progress of the sweeping and overwhelming designs of the vast combination. 

Returning, however, to Galveston, to watch the progress of these honest gen- 
try, with reference to the Cavazos grant, we find John Treanor and William G. 
Hale meeting there. It appears they there concoct a suit. This suit is repre- 
sented by John Treanor, as the agent of all the Mexican families, or parties 
represented to be owners of the Cavazos grant. It is instituted by Allen and 
Hale ; and the allegations of the complaint are verified by the affidavit of John 



Fraud in the Cavazos Claim. 547 

Treanor, claiming to be agent as aforesaid. This man Treanor appears to 
be a notorious person in the district of the Rio Grande, to judge from the 
testimony of Brevet-Major W. W. Chapman, of the army, when stationed at 
Fort Brown, who briefly describes him in a public official letter, as " a man 
without character or standing in the community." Sufficient indications of his 
character, however, are given in the part assumed by him and his confederate, 
Hale, in this Cavazos case. It appears from the record of this case that at least 
five of the Mexican families or parties claimed to be represented, had never 
given any authority whatever for the institution of the suit ; and as to one of the 
five, Treanor himself was constrained to admit that his interest was diametri- 
cally opposed to the claim, for the establishment of which he had been made a 
party plaintiff. Here, then, in the very inception of the suit, we see fraud promi- 
nently and boldly standing out. In the whole progress of the suit, too, we re- 
mark John Treanor and William G. Hale as the managers throughout. Their 
numerous affidavits support the case to the end. In no part of the proceedings 
do we find the complainants acting or participating. It is Treanor, the " man 
without character or standing," and William G. Hale, the agent and attorney 
of the land company, I have been referring to, the intimate friend of Judge 
Watrous. 

It appears, moreover, that for purposes of collusion it was managed that Hale 
and Johnson, the two lawyers imported for purposes already referred to, should 
take opposite sides. Further than this, and to still greater outrage of justice, it 
appears from the record that James N. Reynolds, a member of this New York 
land company, is appointed by Judge Watrous United States Commissioner at 
Brownsville, to take testimony. Thus the company, or its members, were 
represented by their agents and attorneys, who act as counsel on different sides 
of the case, and by Reynolds, the active manager of their affairs, who, as 
United States Commissioner, took the principal testimony for the defense, which 
it evidently appears to have been the object of the company to defeat. 

The fact of collusion, the committee of investigation in the Thirty-fourth 
Congress have determined unanimously, and in passing judgment upon it they 
say : 

" In the case of Cavazos et al. vs. Stillman et al., the record affords sufficient 
evidence to satisfy the committee that there was collusion between the solicitors 
for the complainants and a part of the solicitors for the defendants, and that a 
part of the defendants, or one of them at least, Jacob Mussina, was defrauded 
and betrayed by such collusion. They would further state that there is evidence 
to satisfy them that a part of the defendants were concerned in the conspiracy, 
and that the judge of the court knew of the collusion during the pendency o\ 
the suit." 

I may also suggest here that it will be found profitable to fix attention upon 
the man Treanor, as hereafter he will be found figuring in another important 
matter in active connection with Judge Watrous. 

I am disinclined to trespass upon the time of the Senate by following this 
Cavazos case through its tortuous progress, and to its final acts of injustice and 
oppression. What little I have said of the patent fraud, in its inception and 
management, will prepare the minds of honorable Senators to understand the 
conclusions arrived at by the committees of investigation in the House, as to 



548 HoustoiiJs Litera/ry Hemains. 

the consummation of the conspiracy, and fraud by the wrongful decisions of 
Judge Watrous on the side of his confederates, Hale and Treanor. 

The committee of the Thirty-fourth Congress conclude their report by saying : 

" The committee have examined numerous records, consisting of pleadings, 
orders of court, affidavits and depositions, and after a patient and laborious re- 
search, they have reluctantly come to the conclusion that the conduct of Judge 
Watrous in the case above referred to can not be explained without supposing 
that he was actuated by other than upright and just motives; that in his disre- 
gard of the well-established rules of law and evidence he has put in jeopardy 
and sacrificed the right of litigants." 

In the present Congress we have a report from a moiety of the Judiciary 
Committee, which, on the Cavazos branch of the case, presents the following 
summary and well-sustained judgment : 

"Every irregular or wrongful decision of the judge was in favor of the' com- 
plainants and against the defendant, Mussina, and those occupying a similar 
position, and was to their particular injury. By maintaining the proceeding as 
one rightfully brought on the chancery side of the court, these defendants were 
illegally deprived of their right to a trial by a jury, and were compelled to sub- 
mit to an adjudication upon their rights to the property in such a manner that 
the decision would be final and conclusive as to the title of the property, instead 
of one upon the right of possession, which would at once have been pronounced, 
on the law side of the court in an action of ejectment. By maintaining juris- 
diction over the case, when a portion of the defendants, as well as the plaintiffs, 
were aliens, these defendants were deprived of their rights to have the questions 
involved in it decided by the courts of Texas, to whose jurisdiction they were 
rightfully amenable, and whose laws were to govern in that decision. By ad- 
mitting incompetent witnesses to testify, their rights were affected by evidence 
given by persons who had an interest in the litigation adverse to theirs. And, 
finally, they are prevented from having the decision against them reviewed in 
the appellate court by the failure of the judge to perform his full duty to them 
in facilitating the exercise of the right of appeal, given to them by the law, from 
motives of public policy, for their own private advantage; and that, too, when 
there is reason to believe that the decree by the court is not in conformity with 
the principles of law, as recognized in Texas. Such a course of action con- 
tinued through the whole progress of a cause, in favor of some of the parties 
and against others, is, to our minds, conclusive evidence of the existence of a 
purpose, on the part of the judge, to favor one party or set of parties at the ex- 
pense and to the injury of others, which is inconsistent with an upright, honest, 
and impartial discharge of the judicial functions. And this, we believe, consti- 
tutes a breach of that 'good behavior' upon which, by the Constitution, the 
tenure of the judicial office is made to depend." 

It appears that a decree was rendered in the Cavazos suit, in the month of 
January, in favor of Cavazos and others. 

After the rendition of the decree, suits in ejectment became necessary. At 
this juncture we find Judge Watrous again acting and making a wrongful and 
tyrannical order for the exclusion from jury service in his court (on the regular 
panel) of the citizens of the four Rio Grande counties of Cameron, Hidalgo, 
Star, and Webb. 



Fraud in Selecting the Jury. 549 

By the deputy marshal, whose term of office depended on the pleasure of the 
judge, jurors are selected— noi taken from the jury list of the State, as the law 
requires; not even drawn or balloted for — to attend the United States Court at 
Brownsville ; a/l from Galveston, a distance of several hundred miles. They 
are taken from this distant place, that is the home of Judge Watrous, and of his 
confederates. Hale and League. These Cavazos suits had been pending in 
Galveston, and adjudications been had on some of them. They were a subject 
of notoriety there ; and had naturally given rise to much popular discussion and 
conversation with reference both to the questions and the interests involved. 

Thus it appears that to accomplish the purpose of the judge more fully, the 
citizens of four counties were dishonored and deprived of important civil privi- 
leges, and the law was violated. 

They were not taken from different parts of the State, as is the custom in the 
United States Courts, but from the narrow circle of the judge's own home and 
neighborhood. A schooner is chartered by the deputy marshal, to carry them 
to the court at Brownsville. There are also selected by the deputy marshal a 
company of strolling players to serve as jurors, and placed on board this 
schooner. Judge Watrous himself is a compagnon de voyage. 

Honorable Senators may imagine the scene, the small, coasting, gulf schooner, 
freighted with jurymen and players, and the United States district and circuit 
judge. 

I have, in a brief manner, referred to the collusion in the Cavazos suit, which 
Judge Watrous knew, and which he countenanced, to the prejudice and betrayal 
of at least one of the defendants, Mr. Jacob Mussina. The evident position of 
matters, and the reports of the committees on the subject, from which I have 
read, show that Mussina was without any power to enforce his rights, and 
without any chance to obtain them in the determination of this case in Judge 
Watrous' court. He then applied for redress to the courts of his domicile in 
Louisiana ; and finding the parties there who were accused in the committee's 
report referred to, as having colluded in the Cavazos suit, and as having "de- 
frauded and betrayed him," he sued them for the collusion and frauds they had 
practiced to his prejudice, in Judge Watrous' court, and otherwise. This suit 
was commenced on the 1st of November, 1851 ; it was tried In May, 1853 ; and 
a verdict was rendered in favor of Mussina, by a jury of his countrymen, for the 
land claimed, or $214,000 in lieu thereof, and $25,000 as damages. 

In January, 1854, a rule was taken at Galveston, Texas, upon Jacob Mussina, 
a citizen of Louisiana, and he was cited to appear before Judge Watrous at Gal- 
veston, to anstver for contempt of court in instituting the suit in New Orleans, 
in disobedience to the decree which he had rendered in the Cavazos case, al- 
though the fact was that the suit referred to was commeticed two months before 
the renditiojt of the decree, which proceedings the House Judiciary Committee 
of the Thirty-fourth Congress have characterized in a deliberate, unanimous re- 
port, as " irregular, unjust, and illegal, and, taken in connection with the previous 
proceedings and rendition of the decree, oppressive and tyrannical." And this 
opinion was endorsed by a portion of the present Judiciary Committee in the 
House, from whose report I read the follovv'ing expression of judgment : 

" It also seems clear, when the pleadings in the suit instituted by Mussina 
against Stillman, Belden, and Ailing, and Basse and Hord, in the fourth district 



550 Houston'' s Literary Hemains. 

court of New Orleans, are considered, together with the judgment rendered in 
it, upon the verdict of a jury, and the evidence in the contempt case, that there 
was no foundation whatever for the proceeding against him for a contempt, and 
that the action of the judge with respect to it was unauthorized by law, and was 
intended to be vexatious and oppressive. How any other conclusion can be 
arrived at, when it is remembered that the suit in New Orleans was instituted 
by Mussina against his codefendants alone and their counsel, and related to 
rights growing out of their own transactions, it is not easy to conceive." 

The defendant appealed from the judgment of the New Orleans court in favor 
of Mussina. In 1855, the case was heard on appeal, in the supreme court of 
the State of Louisiana, and was dismissed on a question of jurisdiction in the 
court. It was during the hearing of this appeal that Judge Watrous was at 
New Orleans, under the assumed name of "John Jones," and lodging secretly 
at the Verandah Hotel. 

In order to continue understandingly the history, the narration of which I 
have undertaken, it is necessary here to make a momentary review of the posi- 
tions occupied by the man Reynolds, who, it has been shown, was a prominent 
actor in the eventful drama of the conspiracy, so far as it appears to have pro- 
gressed. It has been shown that he was one of the chief and choicest spirits in 
the inception of the New York company. It has been shown from the corre- 
spondence relative to the action of the court at New Orleans, that he had made 
the clerk of the court interested in the suit. It has been shown undc^r what cir- 
cumstances he established a bogus bank on the Cavazos grant. It has been 
shown that he was appointed by Judge Watrous, and acted as commissioner to 
take testimony in the Cavazos case, on the side of the defense, to defeat which, 
by collusion, was the evident purpose of the company of whom and in whose 
service he was. 

Thus we find this man Reynolds connected and intermixed with all that takes 
place through Judge Watrous' court, in the progress of the conspiracy in which 
both were so deeply and so criminally interested and implicated. 

I now present him as attempting to seize the " Great Salt Lake of Texas," the 
immense value of which and its location I have referred to. This lake was a 
reservation of the Government of Texas, and the only possible means of appro- 
priating this valuable property was by influencing the courts and the Legislature. 

It is shown by the letter of Mr. Joseph L. Williams, which I have read in an- 
other part of this case, and by the order of transfer, to which I shall presently 
refer, that the three, Reynolds, Williams, and Watrous, at least, were interested 
in this fraudulent adventure. 

They had already been successful in the Phalen suits, at New Orleans (wherein 
their fraudulent certificates were declared valid); and, in the flush of their en- 
tire success in this matter, they were emboldened to extend their grasp, and to 
attempt to take by adventure every prize that their avarice could discover. 

This suit is instituted in Judge Watrous' court, on the 14th of May, 1849. it 
appears that the case remained there from the 14th of May, 1849, to the 7th 
June, 1850. It is then transferred to New Orleans ; and it is especially to be re- 
membered that the application for the transfer in this case, as well as the transfer 
in the Phalen case, was made by the plaintiff himself — Mr. James N. Reynolds. 
I will here give an extract from the order of transfer : 



Fraudulent Transfer of Suit to New Orleans. 551 

"James N. Reynolds, of Louisiana, ) 

vs. \ No. 1982. 

Henry M. Lewis, and Thomas Newcomb, of Texas. ) 

" Petition in this cause filed in district court of the United States, district ot 
Texas, on the 12th day May, A.D. 1849." 

Copy of order of trajisfer. 
And afterward, on Monday, the 7th day of June, A.D. 1850, the following 
order was made, to wit : 

"James N. Reynolds, \ 

vs. \- 

Henry M. Lewis. ) 

"This day came the parties by their attorneys, and upon motion of the said 
plaintiff, and because the judge of this court is so connected, in interest and 
otherwise, with one of the parties in this suit as to render it improper, in his 
opinion, to sit upon the trial of that cause, it is now hereby ordered by the 
court, that this fact be entered upon the record of this court, and that a certified 
copy of such entry, with all the proceedings in this suit, be forthwith certified in 
the circuit court of the United States for the eastern district of Louisiana, that 
being the most convenient court of the United States in the next adjacent State." 

Well might Reynolds move for a transfer to New Orleans. Did he not 
think (as his correspondence has already disclosed) that he had the clerk 
of the court to work there in his behalf ? Did he not think that he had an 
approach to the ear of the court there } Did he not have there the influ- 
ence, the official presence of Judge Watrous, a brother of the bench } In 
fine, did he not have the case transferred from the juries of Texas, but to 
have it removed to a court, where there was every augury of success, it mat- 
tered not whether by fair or by foul means .'* 

I have already directed attention to the participation of Thomas M. 
League in the management of the affairs of the land company, and in the 
advancement of its interests. It has been shown that at the time the cur- 
tain dropped at New Orleans on the Phalen case, a suit was on the instant 
instituted by League, on the identical test land certificate that had just been 
the subject of the suit in New Orleans ; thus revealing his partnership in 
the common iniquity of Judge Watrous and his "compeers," and indicating 
his position as a prominent actor in the infamous certificate business, that 
was the chief, but not the only, subject of the company's operations. 

It may also be remarked, that Johnson and Hale, the attorneys for the 
company in the Phalen case at New Orleans, appear also as counsel for 
League, in the consequent suit at Galveston. 

It is to be seen how he sustains other characters, and undertakes other 
parts in the wide field of the company's speculations. It appears from the 
testimony in the Watrous investigation that, in company with Robert 
Hughes, the confidential adviser and favored counsel of Judge Watrous, he 
assumed or simulated an interest in what was called the Powers and Hewit- 
son's colony grant, and undertook to bring suits in relation to it in Judge 
Watrous' court, by feigned change of residence. 



552 Houston'' s Literary Remains. 

The grant to Powers and Hewitson, the empressarios, included a large 
body of valuable land on the coast, west of Galveston. 

Powers expressed an unwillingness to go out of the State, and change his 
residence, so as to qualify himself to sue in the Federal court. He, too, as 
League testified, had the common affliction of being " afraid to trust the 
juries of Texas." The difficulty, however, appears to have been solved by 
League, in concert with Judge Watrous' counsel and familiar, Robert 
Hughes. League volunteered to go out of the State, and bring suits in his 
own name, in the Federal court, for a share of the property to be recovered. 
Powers furnished the subject matter of litigation. League furnished all the 
money, and " Hughes was to do the legal part of the matter." 

The plot, however, was finally disconcerted by the decision of the United 
States Supreme Court, to the effect that League's change of residence not 
being bona fide, he could have no standing in court ; in a word, that it was 
an attempted fraud upon the jurisdiction of the court. 

It then became necessary to use another party in the matter, and a gen- 
tleman by the name of Williams, of North Carolina, is substituced. Thus we 
see this man, bent on accomplishing his ends, throughout identifying him- 
self and the counsel of Judge Watrous with a scheme in which both were 
only acting mercenary parts, using the word in its broadest sense ; in which 
he was hired to act the part of a litigant in the court of his friend and part- 
ner, Judge Watrous, in fraud of the jurisdiction of that court ; and in which 
the judge's counsel and familiar too was hired under a contract of cham- 
perty, and was to have a share of the land for " doing all the legal part of 
the matter." 

This is to be remarked, as the first introduction of Hewitson into the 
Federal court, and will shortly lead, as I shall show, to the development of 
other connections between him and Judge Watrous in the perpetration of 
other and more astounding frauds than have yet been disclosed. 

I conceive that it is required, in order to complete the history of the sys- 
tem of frauds, in which Judge Watrous was prominently concerned, to show 
further the connections between some of the prominent actors introduced 
into the narrative and others to be introduced, in matters which have been 
the subject of late congressional investigation, and of fierce debate. I cer- 
tainly do not propose to review the debates that have taken place on this 
subject. But I refer more particularly to the transactions, which I shall 
proceed to give a brief sketch of, of the obtaining of lands by Judge Watrous, 
the wrongful use of his court in relation thereto, and his participation in 
fixing a forged link in a chain of title upon settlers in Texas, that I may 
more fully show and illustrate the constant and pervading connection of 
parties already alluded to with the judge in attempts to plunder the citizens 
of Texas, and in administering a system of fraud through his court. 

In January, 1851, we find that two suits were commenced in the United 
States court in Texas, presided over by Judge Watrous. One was entitled 
Uflord vs. Dykes ; the other was Lapsley vs. Spencer and ten others. 

These two suits were commenced in Judge Watrous' court at the same 
term, for between fifty and sixty thousand acres of land each William G. 
Hale was counsel f jr the plaintiff in one case, and Robert Hughes counsel 
for the plaintiff in the other. In both cases, it appeared from the testimony. 



Judge Watroui Interest in the Suit. 553 

the property claimed was owned in the State of Alabama ; and in both 
cases, the claims of the parties had slumbered for nearly twenty years — 
until the first term of the court of Judge Watrous, after he (Judge Watrous) 
had obtained an interest. 

With respect to the UfTord and Dykes suit, an attempt was made in the 
course of the investigation by the committee of the House to discover who 
were the parties in interest in Alabama. But the inquiry was baffled. The 
witness who was examined as to the matter, plead his privilege as an attor- 
ney, and declined to answer. What important disclosures might have been 
made, had the question been freely answered, and the truth relieved from 
suppression, is left to conjecture. It was esteemed important to know the 
connections which existed in the inception of these suits. The committee 
sought the information ; but they were stopped at the very threshold by 
concealment, leaving the whole matter in suspicious darkness. 

It is also found in the Ufford and Dykes case, that William G. Hale, the 
agent of the fraudulent land company, as shown by the correspondence, 
and holding the most intimate relations with the court, is counsel for the 
plaintiff, and that on the other side of the case, the counsel is Robert 
Hughes, the confidential friend and witness of the court. 

The same question of title existed as in the Lapsley cases, in which Judge 
Watrous was interested by partnership in speculation with the plaintiff to 
the amount of one-fourth of the property, which one-fourth is valued at 
$75,000, and for which he (Judge Watrous) has tiever ^aid, and never was 
required to pay, a cent of pier chase mojicy up to the present time. The grants 
in both cases had a common title ; and in one of them Judge Watrous had 
obtained an interest. 

It may be observed, too, that the judge professes to have purchased an 
iiy:erest in one of these grants, without ever seeing the title papers, on the 
simple opinion of Hughes, "the best land lawyer in the Union," as he en- 
thusiastically describes him, that they were good. He was willing, as he 
signifies, to accept this opinion absolutely as true. Now this UfTord and 
Dykes grant had a title identical with that in which Judge Watrous had 
obtained an interest. This title he had declared to be good, on the bare 
assertion of Hughes. He thus went on the bench in the Ufford and Dykes 
case, fully committed to an opinion on the title, and with nothing whatever 
for him on that point to adjudicate. 

I now request honorable Senators to accompany me to a scene in the 
United States district court in Texas, and to bestow upon it but a moment's 
criticism, in order to perceive its significance. 

On the bench is his honor. Judge Watrous, surrounded by all the imposing 
circumstances of the dispensation of justice. The case of Ufford vs. Dykes 
is called. A jury is impaneled. Before the judge, as foreman of that jury, 
stands Edwin Shearer, a deputy clerk in his own court, who is the agent of 
the judge, who was consulted on the subject, at the inception of the very 
scheme of fraud at Galveston ; was present at Selma, Alabama, when the 
contract was made between Judge Watrous and others, and who is a brother- 
in-law of Price, a partner of the judge in that transaction ; and besides, was 
not qualified under the law to be a juror. It appears that a verdict was 
rendered thus : 



554 Houstoii's jLiterary Hemains. 

Verdict — Endorsed : "We, the jury, find a verdict for the plaintiffs for 
the ten leagues of land described in the plaintiff's petition, and also ten 
cents damages. 

"March lo, 1854. Edwin Shearer, Foretnaft." 

This appears to have gone by default. Now, to obtain a default, a chain 
of title was necessary ; such a chain was to be exhibited Yet it is found to 
be admitted by counsel, more than a year after this trial, that the authority 
to sell the land in suit — the power of attorney to Williams — the main link of 
the title, was wanting. It could not have been before the court or the jury, 
when the verdict was entered. It could not, for the especial reason that 
the default was entered in March, 1854, and the testimony of the parties in 
the Watrous investigation shows that the power was never transcribed, or 
withdrawn from the land office, until December of that year. Juries, it is 
to be recollected, are selected in Judge Watrous' court — not balloted for. 
Further comment than this is unnecessary. 

This default was opened at the suggestion of Judge Watrous, as the judg- 
ment by default did not appear to answer the purpose he had in view. The 
object evidently was to have the title completed, by introducing the power 
of attorney, and obtaining judgment of its genuineness. And the fact most 
striking is that at the second trial, Robert Hughes, the representative of 
Judge Watrous, is smuggled into the case for the defense, and very kindly 
furnished to the opposite counsel, William G. Hale, Esq., the power referred 
to — the very link of title necessary to defeat him, Robert Hughes, in the 
defense of the suit ! 

I have adverted to a scene in the Ufford and Dykes case. I wish the 
attention of Senators to another scene, transpiring after the lapse of about 
one year, in the same cause, and in the same court. Judge Watrous is on 
the bench. Before him stand Robert Hughes and William G. Hale. Con- 
template for a moment the position of these parties. Judge Watrous is the 
owner of an interest valued at seventy-five thousand dollars in the La Vega 
grant, which, it appears, he purchased in reliance on the opinion of Robert 
Hughes. To Hughes is intrusted the defense of his title. He is the '^sole 
counsel " for Lapsley and others. He stands now before the court in oppo- 
sition to that title, as "the leading counsel for the defendant, and controlled 
its management." Here is Robert Hughes, the representative of Judge 
Watrous, interested in the La Vega title, standing before Judge Watrous, in 
opposition to that title. What a strange and anomalous position, surely ! 
Here is his honor, John C. Watrous, on the bench ; and here, John C. Wat- 
rous personated by Hughes at the bar. The case is called, and the curtain 
rises on still further developments in the scene. The plaintiff's counsel, 
William G. Hale, announces himself ready to proceed, except that he lacks 
the power of attorney to Williams, that is all-important to complete his 
title. Judge Watrous, through his representative, or Hughes, as represent- 
ing the Judge, supplies that want ; thus kindly giving to his opponent. 
Hale, the very means of defeating him (Hughes) in the suit ; but mark you, 
the means also of sustaining the title of Judge Watrous — for the power of 
attorney was common to both titles. I have already shown, in the Cavazos 
case, how counsel of this vast company were introduced for purposes of 



Collusion of Counsel in the La Vega Suit. 555 

collusion, and for the betrayal of parties who stood in the way of the land 
speculations of Judge Watrous and his confederates. Therefore, this is 
illustration the second. 

It will be seen hereafter, as I proceed toward the completion of the nar- 
rative of facts I have undertaken, that the power of attorney alluded to plays a 
very important part in the scheme of fraud by which Judge Watrous was 
attempting to appropriate an immense tract of land situated within his 
judicial district. 

The legal title to the La Vega grant was conveyed by League to John 
W. Lapsley, of Alabama, who held the property in trust for the several par- 
ties in interest, including Judge Watrous. 

In the deed of conveyance there is to be remarked a very singular feature. 
There is no general warranty of title ; but there is a special and extraor- 
dinary warranty given in the following terms : 

"The said party of the first part (League) binds himself, his heirs, and 
legal representatives to warrant and forever defend the title by this inden- 
ture granted to the said party of the second part, his heirs, legal represent- 
atives, and assigns, against the said Thomas de la Vega, and the party of 
the first part, the respective heirs and assigns, and all others claiming, or 
to claim, by, under, or through the said Thomas de la Vega, and the party of 
the first part, or either of them." 

This warranty, it is to be observed, is against the party's own vendor. It 
applied to the chain of title from him, the all-important link of which was 
the power of attorney to Williams to sell the land. It shows that in the 
transaction at Selma, Alabama, to which Judge Watrous was a party, the 
power of attorney was a subject of concern, and probably of debate. It 
suggests that even then, by some of the parties, the denunciation was an- 
ticipated, which was afterward made, of that title-paper as a forgery, and 
a forgery, too, in the procurement of which Judge Watrous himself had 
assisted. 

This power of attorney purports to have been made in the year 1832. It 
appears that no attempt was made to prove it up until 1855. Thus it was 
kept secret, or nothing revealed of it, for about twenty-three years. It is 
true that Robert Hughes testified that he withdrew a power of attorney 
from the general land office in 1854 — twenty-one years after its purported 
date ; that there was no mark on it showing when, or by whom it was filed, 
or that it was ever filed ; nor is there any mark or evidence on the docu- 
ment to show that the power of attorney, the present subject of discussion, 
was the paper withdrawn from the land office by Robert Hughes — as he was 
careful not to leave in the land office any copy of the paper he withdrew. 

I have requested, in the progress of this narrative, that honorable Senators 
would regard attentively the man Hewitson, who appears to have been one 
of the heaviest suitors in Judge Watrous' court, and a partner of League and 
of Hughes in the subject-matter of the litigation, and of whose use by the 
court, in support of perhaps the most monstrous of its frauds, I promised 
some revelations. He, too, is now called in by Judge Watrous, through his 
counsel, to perform a service at the sacrifice, as the sequel will show, of all 
that honest men hold most dear — such sacrifices and such service, however, 
as seem to be the price of the Judge's favor. 



556 Houston's Liter ary Hemains. 

In the case of Ufford and Dykes, a verdict was rendered February 27, 
1855 ; the 23d of the same month, and the same year, Hewitson's deposition 
is taken, de bene esse, at Galveston, to prove up the power of attorney. The 
order of transfer had then been made to remove the Lapsley cases from 
Austin to New Orleans. The power to Williams was common to both suits. 
It had been managed to get it into the Ufford and Dykes case without dif- 
ficulty, through the favor of Judge Watrous, and the evident collusion of 
counsel. In the Lapsley cases, however, an attempt is made to prove it up 
ty Hewitson's deposition. Why, I ask, was this done ? Why was the dis- 
crimination in relation to the proof of the power made between the two 
suits, unless for the palpable reason that it was considered that the power 
was not in a position to pass the review of the tribunal at New Orleans } 
Thus again is betrayed the ill-concealed concern of the parties in relation 
to this power of attorney. 

The deposition of Hewitson appears to have been taken at Galveston. It 
is to be observed that the Lapsley cases, in which it was intended to be used, 
were then /;/ transitu, in obedience to the order of transfer, and that the 
transcript was in the pocket of Robert Hughes at Galveston. The deposi- 
tion was taken before Archibald Hughes, a son of Robert Hughes, an agent 
of Lapsley, Watrous, and others, in their land transactions, deputy marshal, 
then, or formerly, deputy clerk, and United States Commissioner in Judge 
Watrous' court. Thus, before this creature of the court, without notice to 
the counsel of Spencer, then in Galveston, and selecting the time when the 
suits were in tratisitu, it was managed to take this deposition of a confeder- 
ate in the land transactions both of court and counsel. 

The introduction of this deposition was made with an adroitness and 
secrecy characteristic of the parties who managed it. They were governed 
by constant policy and secrecy, that seem to have regulated all their move- 
ments. In the Lapsley suit, as in the Phalen suit at New Orleans, they 
showed their appreciation of the maxims of the policy of Reynolds, who 
advised that the cause should " go off quietly "; that " the least possible 
notoriety should attend it," etc. 

Thus was the deposition of the confederate Hewitson, on which it was 
sought to rob the honest settlers of their land and homes, taken after the 
transcript had been ordered to be transmitted to New Orleans, taken with- 
out notice to the opposite parties, and taken surreptitiously before a creat- 
ure of the court, and a man in intimate relation with those whose interest 
it was to betray and defeat the settlers who claimed the land. Remarkable 
coincidence — this testimony of Hewitson. in support of the power of attor- 
ney, is taken at Galveston during the trial of the Ufford vs. Dykes case, and 
perhaps on the very day when Hughes so magnanimously furnished Hale 
with a copy, and stipulated that no exceptions should be taken. 

In my opening remarks I alluded to " the deep secrecy '' which surrounded, 
as far as possible, the movements of the conspiracy, a sketch of which I 
have attempted to give from the results of long investigation, and by the 
lights of some newly discovered evidence on the subject. I have pointed 
out, in the progress of the narrative, instances of the secrecy and cunning of 
the management of these parties. Every means were taken to conceal their 
steps, and every opportunity was seized to take the opposite parties at 
advantage. 



Hurry in Transfer-Suit at Austin. 557 

The order of transfer from Austin appears to have been entered at the 
November term, 1854. The transcript was taken by Robert Hughes, with 
Hewitson's deposition, which was sent him 01 route X.o New Orleans, where 
the cases appear to have been filed in April, I055. When the docket was 
called there, it appears that Hughes was anxious to have the cases disposed 
of with dispatch, and to take advantage of the supposed absence, at that 
time, of a defense. But in this he was disappointed by the sudden appari- 
tion in court of a poor settler, who had traveled all the way from the wil- 
derness, over hundreds of weary and painful miles, to confront the artful 
despoiler of his home and to demand justice. I will let the poor man, 
Eliphas Spencer, tell his story of what transpired in the court at New 
Orleans, as it is related in the printed evidence taken by the committee of 
the House in the Watrous investigation. He says : 

" I think he [Hughes] said he would like to have them [the suits] tried at 
as early a day as would be convenient to the court, for he thought there 
would be no defense, and they could not take up much of the time of the 
court in trying them. After that I got up and said that I had come some six 
hundred miles to defend my land, and I wished that time should be given 
me to prepare my evidence, etc. Judge Hughes observed, ' Oh, Mr. Spencer, 
I did not know that you were in court, or any one, to attend to the suits.' " 

In confirmation of this statement of Spencer of the advantage attempted 
to be taken against him, there is found an admission of Hughes himself, 
made in a letter to Lapsley, written when he was in attendance on the cases 
in New Orleans, April, 1853 : ' 

" I will press the cases to trial with the utmost rigor. I do not expect 
there will be any counsel here for the defendants." 

There is something here of almost pathetic interest to claim the earnest 
attention of this honorable body. This poor settler, it appears, had planted 
a home as early as 1847, on what was then the extreme frontier of Texas, 
and had lived through hardships and dangers difficult to depict, until at last 
he had secured, as he fondly imagined, a permanent resting-place for his life, 
and had commenced to gather the fruits of his toils and privations to sus- 
tain his wife and children. This land was included in the La Vega tract, 
and he was the principal defendant, representing in the business the other 
settlers who had planted themselves around him. He was sued in every 
shape, and it would seem that every ingenuity of his opponents was taxed 
to betray him. It appears from the evidence that the suit instituted against 
him at Galveston was removed to Austin, without any order of transfer 
having been made in the case ; that he had no lawyer employed to attend 
to it at Austin, and that when all the cases were removed to New^ Orleans 
and the transcript carried there, he heard for the first time, and then, too, 
not from those who were prosecuting and attempting to betray him, of 
Judge Watrous' long-concealed interest in the suits, and their removal, on 
that account, to New Orleans. No sooner is he made aware of this — no 
sooner does he perceive the long-matured conspiracy to keep him in igno- 
rance and to betray him and his co-suitors — than the poor intended victim 
is suddenly aroused, hurries to New Orleans, six hundred miles away, and 
confronts in the court-room the confederate of Judge Watrous, for his ruin, 



558 Houston'' s Literary Remains. 

at the very moment that he is sajang to the court that the suits would not 
be defended. Well might Mr. Hughes exclaim, " Oh, Mr. Spencer ! " at the 
dramatic surprise ; and well may our sympathies be prompted by the appari- 
tion on the stage of the poor man come to save his home from the grasp of 
the spoiler ; and yet at last, by the renewed acts and influences of corrupt 
and powerful men, he is turned from it. 

It has been shown that it was the expectation of Hughes to have the 
Lapsley cases dispatched, and to use the deposition of James Hewitson as 
to the execution of the power of attorney, taken, as has been seen, surrep- 
titiously, and by a fraudulent contrivance, before any of the defendants or 
their counsel should be present to protect their rights on the trial at New 
Orleans. Under any circumstances, the only proper course would have 
been to attach the power of attorney, which was referred to in the de- 
position of Hewitson, and made a part of it. But this is not done ; it is 
found that, after the lapse of a year from the filing of the deposition, when 
the trial of the case comes on, it has not even been filed. It was used in 
evidence against Spencer, and still not filed ; but a copy appears to have 
been substituted for it. 

Let me for a moment regard the scene in court, in which Robert Hughes, 
who had constituted himself the exclusive custodian of this paper, comes 
forward to sustain it by his testimony as a witness. Here is the represent- 
ative of Judge Watrous, by his own evidence, establishing the genuineness 
of the paper, as that which Hewitson had sworn to, and which, since that 
time, had been in the possession of said Hughes. He produces the paper 
from his pocket, without any indorsement, without any file mark, and iden- 
tifies it. 

Thus it appears that the defendants in the Lapsley cases were deprived 
of opportunity to protect their rights against this forged document, except 
upon presentation in court. 

Judgment had been rendered in the case of Lapsley against Spencer on 
the 30th of May, 1S56, and six days thereafter, the following entry is found 
in one of the Lapsley cases remaining over, showing the anxiety of the 
parties for an opportunity to sustain their plea of forgery, and evidencing 
the persistent attempts of Hughes to deny them such opportunity. I read, 
from page 649, testimony in the Watrous investigation : 

Minutes, April Term, 1856. 

"New Orleans, Friday, June 6, 1856. 
"John W. Lapsley ^ 

vs. y No. 2458. 

D. R. Mitchell, Warren, and James Dunn. ) 

" The defendants, by their counsel, this day suggested to the court, that 
heretofore, to wit : on or about the 25th day of February, 1855, the plaintiff 
herein took the deposition, de dene esse, of one James Hewitson, to prove 
execution of a certain power of attorney purporting to have been executed 
by Thomas Vega, before Juan Gonzales, regidor of Leona Vicario, with Jos6 
Nazas Ortez and J. M. McMoral as assisting witnesses, dated the 5th day of 
May, 1832, authorizing Samuel M. Williams to sell the land in controversy 



Opinion of Mr. Justice Daniel., on Appeal. 559 

which said power of attorney defendants believe to be a forgery, and having 
so filed their plea by their attorney, which said power of attorney has never 
been filed among the papers of said cause, although the same constitutes a 
part of the deposition of the said Hewitson, and that the same is yet in the 
possession of the plaintiff 's attorney; and thereupon moved the court to 
require and cause the said power of attorney to be regularly filed among 
the papers of said cause, or to be deposited with the clerk in his special 
charge and keeping, subject to the inspecting of the parties, that the de- 
fendants may have an opportunity of sustaining their plea of forgery afore- 
said by procuring witnesses to inspect said power of attorney. The plaintiff 's 
counsel being present in court, accepted service of this motion, and waived 
time to show cause." 



Minutes, April Term, 1856. 

" New Orleans, Monday, June 7, 1856. 
"John W. Lapsley 
vs. 
D. R. Mitchell and Warren. 

" The rule herein taken by the defendant upon the plaintiff, to show cause 
why he should not file the original of a certain power of attorney, having 
been argued and submitted on a former day, and the court having consid- 
ered the same, doth now order that the said rule be discharged." 

In the course of the debate in the House, with respect to the charges 
against Judge Watrous, considerable stress appears to have been laid on the 
decision of the Supreme Court, of Lapsley vs. Spencer, by which the ques- 
tion as to the power of attorney in that case was settled. From the dissent- 
ing opinion, however, of Mr. Justice Daniel, the all-important fact is de- 
veloped, that the question of fraud, with respect to the power of attorney, 
had been taken from the jury by the ruling of the court. He says : 

" It seems to me that there was error in the instruction of the court to 
the jury : that there was no fraud in the transactions by which the alleged 
title to the land in controversy had been obtained, or transmitted to the 
plaintiff." 

This fact is of the highest importance. The opinion of Mr. Justice 
Daniel to which I have referred, and which manifests careful and special 
study of the questions connected with the power of attorne3% contains so 
clear a judgment on the subject, that I may conclude what I have to say on 
it by quoting a portion of the learned judge's remarks. He says : 

" In the next place, with respect to the deduction of title from La Vega, 
to whom, it is said, a grant was made by the government, by the decrees 
first examined. The first step in the deraignment of this title is the paper, 
styled the power of attorney, from La Vega to Williams, dated May 5, 1832. 
The authenticity of this paper rests upon no foundation of legitimate evi- 
dence. It can not be considered as possessing the dignity and verity of a 
record, nor of a copy from a record. It is not shown that the laws of Texas 
required it to be recorded ; and without such a requisition it could not be 
made, in legal acceptation, a record, by the mere will or act of a private 



560 Houston's Literary Remains. 

person. This paper does not appear to have been placed on record ; and if, 
in truth, it had been recorded in a proper legal sense, still there is no copy 
said to have been taken from a record, or certified by any legal custodian 
of the record or of the original document 

" It has been seen that this document is neither a record nor a copy from 
a record. The language of the instrument, and that of the certificate of 
Gonzales, alike contradict any such conclusion. The certificate declares it 
to be a copy of a private paper, and nothing more 

" The irregularities connected with this alleged power of attorney seem to 
me too glaring, and too obviously liable to gross abuse, and tend too strongly 
to injury to the rights of property, to be tolerated in courts governed by 
correct and safe rules of evidence." 

Judgment was rendered in New Orleans in favor of the plaintiff in the 
suit of Lapsley vs. Spencer, as I have stated, on the 30th May, 1856. After 
the decision of this suit, it appears that in another of the Lapsley cases 
remaining on the docket, viz.: Lapsley vs. Mitchell and Warren, a commis- 
sion was taken out by the defendant to take the testimony of Tomas de la 
Vega of the La Vega grant, and of Jose Cosme de Castenado, the custodian 
of the archives at Saltillo, with reference to the power of attorney hereto- 
fore so frequently referred to, which purported to have been made from La 
Vega to Williams. These depositions were returned in March, 1857. In 
that of La Vega the deponent denies ever having signed any such paper as 
the power; and in that of Castenado, the custodian of the archives, th^ de- 
ponent swears that the alleged power of attorney was — 

" Signed only by the alcalde, Don Juan Gonzales, and Don Jose Maria de 
Aguirre, and not by Don Rafael Aguirre or Don Tomas de la Vega, or the 
assisting witnesses, wherefore the said document can be of no effect; and that 
in verification of all that he has stated, he refers to the original documents, 
which exist in the archives under his charge." 

This was the first public declaration made from Saltillo of the forgery of 
the document. Now, suddenly the case assumes a serious and startling 
aspect, and strikes dismay and terror into the ranks of the conspirators. 
Orders had been left at the court at New Orleans, that immediately on the 
receipt of the depositions of La Vega and Castenado there, that copies 
should be sent to Galveston. There can be no doubt, however, that the 
parties claiming under the power of attorney, and represented there, knew 
very well what the import of these depositions would be. Is it, indeed, to 
be supposed that they, with a property worth $300,000 at stake, which de- 
pended on this very muniment of title, should have neglected wholly, and 
for so long a time, to examine the archives at Saltillo, and inquire what was 
on record there ? 

The storm had burst, and the conspirators, in dismay, are compelled to 
face the loud denunciations of their guilt. Now they have to meet the brunt 
of the battle. The day of discovery and retribution has come ; and collect- 
ing together, serrying their ranks, and summoning all their resources, they 
prepare desperately to resist the judgment that has overtaken them. 

Now it is that Judge Watrous is observed to call to his aid all of his con- 
federates. Now it is that the whole c rps dramatique is summoned on the 



Leagues Sliielding of Judge Watrous. 561 

stage for the grand catastrophe. Now it is that the judge calls upon his 
confederates to stand by him, and to redeem the prices of his favor to them 
by the most unscrupulous of means, and most desperate of services. 

Thus it is observed that the first step of the startled plotters is to gather 
around the judge, and attempt to protect the great head and front of the 
conspiracy. It is observed that in attempting the desperate defense they 
hesitate at nothing. It is observed that in seeking to cover the judge they 
expose themselves to new discoveries of guilt, and sink deeper into the 
mire of falsehood and fraud. 

It will be instructive to note the parts which the different confederates 
of Judge Watrous take, and the length to which they go in seeking to estab- 
lish a defense for him. To commence with League, one of the closest of 
his confederates : when examined, in the course of the Watrous investiga- 
tion, he strives to make it appear that when the copies of the depositions 
taken at Mexico were received at Galveston, he had repeated conversations 
with Robert Hughes in relation thereto ; but that Judge Watrous discour- 
aged or forbade any conversation with himself on the subject. I will here 
read some of the passages from the testimony to this effect : 

" Question (by the chairman). You spoke of having received a copy of a 
deposition from the clerk at New Orleans. You received that in Galveston .? 

"Answer. Yes, sir. It was sent to Judge Hughes, not me. 

" Question. Was Judge Hughes in Galveston at that time ? 

"Attswer. I think he was. 

" Question. What time was that ? 

"Answer. It must have been in the month of April, 1857. 

" Questio7t. You are certain that that communication was sent to Judge 
Hughes .'' 

"Answer. I think it was. 

" Question. Whom did you consult as to the propriety of going to Mex- 
ico for Gonzales ? 

" Anszver. With Judge Hughes. I might have mentioned it to Judge 
Watrous; I think I did. He called ; but whenever I attempted to say any- 
thing to him, he would reply, ' Go to Judge Hughes ; I have nothittg to do 
with it /' " 



" A copy of the depositions taken in Mexico was sent to Judge Hughes ; 
Judge Hughes sent for me itnniediately, and read it over. Some of it was 
in Spanish ; but he made it out." .... 

" Question. Did you take from Judge Hughes any copy of the depositions 
taken in Mexico, impeaching the power of attorney } 

"Answer. I took the substance, but not an exact copy. 

" Question. You noted doyvn on paper the substance } 

"Answer. Yes, I noted it down, and submitted it to my Alabama friends. 

" Question. Did you note that from the depositions before you ? 

" Answer. Judge Hughes noted it. 

" Question. Judge Hughes put upon paper the substance of the testimony 
taken in Mexico ? 

"Answer. Yes ; and I think that I added to it something. 
36 



562 Houston'' s Literary Remains. 

" Question. How much space did the statement occupy upon paper? 

"Answer. I can not recollect. Not a great deal. 

" Question. Did you take that part to Alabama ? 

"Answer. I did." 

Now, it appears, in relation to the testimony of Hughes himself, that at 
the time of the alleged conversation at Galveston, referred to by League, 
he (Hughes) was absent from his home at Galveston ; that these two gentle- 
men could never have compared notes, as alleged, at the time of receiving 
the depositions ; and that the first time that Hughes had' ever seen the 
depositions was in August, three months after League alleged to have been 
in conference with him on the subject of the power of attorney. Here is 
the testimony of Hughes, establishing these conclusions beyond a doubt : 

" Question. . When was Hale employed in the case of Lapsley 7's. Spencer? 

" Ansiuer. I do not know, certainly ; I tuas absent from home when infor- 
mation was received of the taking of the depositio7i of Tomas de la Vega, in 
Mexico ; when I returned, I was informed of what had occurred. The 
deposition was shown to me, and I was informed that Mr. Hale had been 
employed to assist in the case. It was a short time after it had been taken 
— two or three months — that I received information of it." ... . 

" Question. When did you first see the deposition of Tomas de la Vega ? 

"■Answer. I saw it at the time I spoke of, when I returned home some 
time last summer, and when, as I said before, Mr. Hale was employed as 
assistant counsel ; that was the first time I saw it ; that was a week or ten 
days before the election on the first Monday in August." 

Mr. League has unquestionably committed himself in that part of his 
statement which I have quoted. It seems to be a strange and impossible 
hallucination, that he should mistake conferences, which he undoubtedly 
had with Judge Watrous, on the subject of these depositions, and of the 
best means to defeat them, as having taken place with Robert Hughes, un- 
less he regarded them as Siamese twins. 

The most glaring contradictions appear in this man's (League's) testimony, 
as taken from day to day before the committee, exposing his desire not so 
much to develop the truth as to shield Judge Watrous, the great he'ad and 
director of the conspiracy. 

In further contradiction of the statement he had made of conferences 
held exclusively with Hughes, it appears not only that Hughes could not 
have been a party to such conferences, but that League did actually con- 
verse and consult, at the time named, personally, fully, and intimately, with 
Judge Watrous himself, on the subject of the depositions taken in Mexico. 
The fact is drawn out of him, on an examination some days subsequent to 
that on which he denied having conferred with the judge on the subject, 
that he, the judge, advised that he should go and consult the Alabama par- 
ties relative thereto. 

With respect to this advice, I may make a single suggestion. There is 
but one course that is probable that honest men would have adopted, in an 
alleged discovery, such as was communicated to Judge Watrous and his 
confederates, in the depositions taken at Saltillo. Supposing that these 
parties had no previous knowledge of the fact of the forgery of this power 



Deceit as to La Vega's Power of Attorney. 563 

of attorney; would they not naturally and immediately have sought the 
archives for information and evidence, where the original must be, if any 
such existed ? This would have shown an honesty of purpose. It is now 
to be seen what course they do adopt, other than that which was natural 
for innocent men to take ; and I beg the especial attention of honorable 
Senators to this point, that they may determine whether the course of the 
parties evidenced or not an honest desire to arrive at the truth. League 
goes to see the Alabama gentlemen, at the suggestion of Judge Watrous. 
He sees Lapsley at Selma ; tells him of the discovery made in the deposi- 
tions taken at Saltillo ; and the consequence is, that Lapsley gives him 
$2,500 to enable him to go to Mexico and "procure" testimony to sustain 
the alleged power of attorney. 

Now, it is in evidence that Lapsley, who professes to be very careful in 
his negotiations, had exacted from League a warranty of title against the 
particular risk of the validity of this power. League was reputed to be 
worth some seventy-five or one hundred thousand dollars ; and his warranty 
was the only security the parties had by which to save themselves. He goes 
to Lapsley, and tells him, in substance, " News has reached us that I am 
liable to you on the warranty." What does Lapsley say .-* Does he say : 
" I entered into the transaction believing that everything was bona fiic. I 
will have nothing more to do with it ; and must look to your warranty " } 
No such thing. He says : " I release you from your warranty." He gives 
up and renounces the only chance which he and the parties he was to rep- 
resent had to save themselves ; but not only this, he gives to League $2,500 
to pay his mileage to Mexico ! 

One other circumstance, too, is suggestive, in relation to this warranty 
against the power of attorney, the link in the title from La Vega. In Mr. 
Lapsley 's testimony, it appears that it had been greatly urged by Judge 
Watrous, at the time of the conveyance, that League had hesitated to sign 
the warranty, and that Judge Watrous had encouraged and pressed him to 
do it, saying : " You can sign it with perfect safety, Mr. League, because I 
am satisfied myself that the title is good." Yet the warranty, when so 
urged, and about which so much was then manifested, is found to be released 
at the very time that the validity of the link of title for which it was given, 
is called in question ! and without which, Lapsley said, the bargain would 
fall through. 

I will observe here, that in all that I have stated of the circumstances 
surrounding the alleged power of attorney from La Vega to Williams, to 
sell the land in controversy, I have not designed making any attempt to 
prove this document a forgery. That, I think, is indubitable. But my ob- 
ject has been to show the part taken by Judge Watrous and his agents to 
foist a forgery upon the poor settlers they were seeking to defraud. To 
accomplish this object, I now proceed to a continuation of the narrative, 
resuming at the point where League returns to Galveston, having been fur- 
nished by the Alabama parties with means to prosecute their designs in 
Mexico. 

From the printed testimony in the Watrous case, it appears that the judge 
was fully acquainted by League with the communications and results of his 
interview with the Alabama associates. It was the judge who suggested 



564 HoustoTi's Literary JRemains. 

the employment of the services of William G. Hale in the emergency. They 
are accordingly secured ; and no sooner so, than Hale calls to his aid John 
Treanor, to undertake the most unscrupulous and desperate scheme for the 
fabrication of evidence in Mexico, to suit their purposes. Here, it may be 
observed, are again introduced upon the stage the two parties who were 
united as principal and agent in the Cavazos case, to direct the suit by their 
affidavits and their collusive management, in which it appears that, by the 
judge lending himself to the scheme, they had been successful, Treanor, 
the man branded as one "without character or standing," is prepared for a 
trip to Mexico, to procure, on the best terms, such testimony as he can, to 
sustain the power of attorney ; he is joined by League, and Francis J. Par- 
ker, a clerk of Judge Watrous' court. 

It will be profitable to review the antecedents and relations of this man 
Parker, as it will be found that he figures in several important matters of 
fraud and chicanery, conducted through Judge Watrous' court. It will be 
recollected that reference was made to an order entered in Judge Watrous' 
court, for the exclusion, from the regular panel of jurors, of the citizens of 
four counties lying on the Rio Grande. From the marshal's returns in the 
comptroller's office, it appears that this order was strictly carried out until 
January, 1856, when it is discovered that it was violated in returning Mr. 
Francis J. Parker as one of the regular panel, at Galveston, and that he was 
the only citizen from the Rio Grande summoned in the face of the order, 
and with regard to whom the marshal had departed from the rule of the 
court. 

Now, why was Mr. Parker "selected"? Why was he selected "two or 
three times " 7 An answer may be suggested by slightly reviewing the rela- 
tions of this man to Judge Watrous, who was deeply interested, at least, in 
important questions pending in his court. 

Parker was, in the first place, the deputy clerk of the United States court 
at Brownsville, over which Judge Watrous presided. He had also been 
appointed by the judge United States commissioner for Brownsville ; and 
is now an itinerant commissioner on his mission to procure testimony in 
Mexico for the establishment of the forged power of attorney. It will be 
recollected that F. J. Parker was selected for jury service in this court. 
Edwin Shearer, also a deputy clerk, had been placed on the jury in the 
Ufford and Dykes case. 

The progress of this man Parker, in acts of service for Judge Watrous, is 
next traced in his participation in the attempt made by the judge to prove 
up the forged power of attorney in the Lapsley cases. He appears to have 
been the selected custodian of this precious document, and to have accom- 
panied to New Orleans the witness who had been obtained at an expense 
of $6,000. 

Still further he may be traced, doing Judge Watrous' work, until at last 
he comes forward as a witness for Judge Watrous, before the Supreme 
Court of the United States, to sustain his honor in his act of corrupt oppres- 
sion, depriving Mussina of his appeal in the Cavazos case. 

But I will now revert to the course taken by the parties. League, Treanor, 
and Parker, in their mission to Mexico, with respect to the power of attor- 
ney. The three proceeded together as far as Monterey, about seventy miles 



Inveigling of Old Gonzales. 565 

from Saltillo ; and from the former place, as if the movements of the party 
were again determined by the old anxiety to avoid notoriety and attention, 
Treanor proceeds alone to the scene of operations. On reaching Saltillo, 
it might be supposed that he would at once have consulted the archives in 
relation to the power of attorney. But instead of exhibiting an honest 
purpose', by proceeding at once to the archives, and comparing the copy 
which he held with the original, he directs his steps, first to the house of 
Gonzales, a former alcalde of the place, an old man, partially blind, and he 
exhibits the important document to him, and prompts him to give an opin- 
ion of its genuineness. A quarter of a century had elapsed since the docu- 
ment purports to have been made. The old man naturally suggests that he 
will go to the archives — of course, to examine the original. Mr. Treanor's 
reply is that he does not wish this ; and suggests as a reason, " that the 
proof was to be taken, not for a Mexican, but for an American court." 
Subsequently, he (Treanor) does examine the archives ; he goes there 
alone; and, it appears, for another p'lrpose than that of examining the orig- 
inal of this power. And in answer to the inquiry if he had found anything 
there corresponding with the copy or testimonio which he held, and whether 
he compared them, replied, "I compared them not very particularly, but I 
saw they were very 7iearly equal." Not very particularly ! why not .-* The 
matter of this power of attorney was the sole object of his mission to Sal- 
tillo. " Nearly equal " to the testimonio. 

Such is his testim^ony before the committee of investigation. Strange, 
indeed, that Judge Watrous and his astute counsel did not think proper to 
ask. the witness (their witness) in what respect the original and the testimonio 
differed. 

The proofs of the forgery were too plain. Treanor did not dare to take 
the deposition of old Gonzales, before the authorities of Saltillo, as in such 
a case, according to the law of Mexico, the officer taking the deposition 
would have been required to give notice to La Vega and other parties, 
whom it was his object to keep in utter ignorance of his machinations. 

It therefore became necessary to take Gonzales away. But it was found 
the old man was not willing to leave. Here Hewitson, who resided at Sal- 
tillo, who had, by a deposition of his own at Galveston, sustained this forged 
document, and who, it has been shown, was a general partner in the system 
of fraud dealt out through the machinery of Judge Watrous' court, is found 
to intervene to effect the object of Treanor's mission. It is eventually, by 
his persuasions, and by that of $500 in money, that Gonzales is induced to 
accompany Treanor, six or seven days' travel, to Rio Grande City. 

After Gonzales was got as far as Rio Grande City, his deposition was 
taken ex parte. League was bent upon making the most of this old man's 
testimony, to obtain which, it is proved, he has paid him at least $1,300, 
besides his expenses, and was desirous of taking the old man to New 
Orleans, as he said, to testify before the court there. Mr. Treanor, for whose 
able services it is also proved that League paid $1,300, over and above his 
expenses, and further sums not revealed, is appointed to prevail upon 
Gonzales to go to New Orleans. League assists in the persuasion by decoy- 
ing the simple old man, as he himself states, by pictures of the " progress 
of civilization," which he would see by an extension of his travels to New 



566 Houston'' s Literary Remains. 

Orleans. It appears, however, that the payment of seven or eight hundred 
dollars additional, which League said was to compensate the old Mexican, 
who was a tanner, for some hides left in his vats, proved more powerful in 
inducing him to go to New Orleans than the alluring picture of " civiliza- 
tion " with which he was promised to be amused. In his testimony before 
the committee, League says that he promised the old man, if he would go 
to New Orleans, to show him " a steamboat and a railroad." By a very 
wonderful coincidence, just as he was using this persuasion, " the steamboat 
came puffing up toward Rio Grande City." "How pretty!" he said ; "we 
can go on that boat and be taken to New Orleans." But old Gonzales 
cared more for the hides, either absolutely or constructively, in his vats, 
than for taking " pretty " tours on " puffing steamboats." Mr. League then 
tries another temptation, by offering him seven or eight hundred dollars in 
the shape of compensation for his hides ; and " by that means," says Mr. 
League in his testimony, "we got him to New Orleans." 

It is worthy of remark what boldness is displayed in the actions of 
League and Treanor, in attempting to assert the validity of this power of 
attorney on the personal testimony of this poor old man. Who is Gonzales, 
that his deposition should have such value } He is without official station ; 
he is the custodian of nothing ; without judicial favor, his oath can amount 
to no more than that of any other ordinary person. 

League, Treanor, and Parker proceed with the witness to Galveston. 
Thus, it appears, he is brought to the residence of Judge Watrous, Robert 
Hughes, and William G. Hale. It appears that Gonzales is not sworn at 
Galveston ; but he is put here in charge of Robert Hughes, who, in com- 
pany with League and Treanor, carries him to New Orleans. In the testi- 
mony of Mr. League, from which I have just made some quotations, he 
makes the profession that his object in getting Gonzales to New Orleans 
was to introduce him before the court as a witness. But this is not done. 
The witness is taken before a commissioner, and makes another deposition ; 
thus leaving without explanation the cause of the removal of Gonzales 
from Saltillo, for the purpose of taking his deposition. 

On page 461 of the printed testimony in the Watrous case will be found 
the deposition of the witness Gonzales. On the examination in chief he 
makes out a pretty good story, and shows evidence of careful drilling. But 
the cross-examination which ensues reveals the most melancholy and pain- 
ful case of depravity that is conceivable. 

It is only with feelings of the strongest aversion that we can contemplate 
such an example of open falsehood, and glaring and painful contradictions 
in the testimony of a sworn witness. It is only on the cross-examination 
that the fact is drawn out from the old man, on presentation of the power 
of attorney to him, that he can not read it. His sight is so decayed that he 
has to acknowledge that he could not read the writing, unless drawn up in 
letters as large as those on a street sign, which was pointed out to him over 
the way. 

It is to this trashy, miserable evidence of this poor old blind man, who 
was procured as a witness through Judge Watrous' suggestions, bribed with 
money, and drilled so far even as to make him suppress the fact of the decay 
of his sight ; it is to this revolting example of the purchased and perjured 



Conclusive Proof of Continued Fraud. 567 

evidence of an old Mexican dotard, that Judge Watrous, in his answer to 
the committee of investigation, has pointed with an air of triumph for his 
vindication, and for the proof of the genuineness of the forged power of 
attorney, and as " placing it beyond all controversy or debate." He (Wat- 
rous) is certainly more to be execrated for the defiance of truth and of 
decency, in endeavoring to impose such a conclusion upon the committee, 
than the poor Mexican driveller, who was seduced and moulded to his 
purpose by bribery. 

To cap the climax of effrontery exhibited in the parade made of old 
Gonzales' testimony, but one circumstance was wanting, and that seems to 
have been supplied by that useful creature, John Treanor. At the same 
examination before the commissioner at New Orleans, he is actually intro- 
duced to testify to the respectability of the deponent, Gonzales. The 
further wonder appears that he gets his information from Hewitson. 

And as to Hewitson's former deposition, to the genuineness of the power 
of attorney, a few words just here may dispose of the question of veracity, 
generally, of his statements. He had sworn, in the deposition at Galveston, 
that Gonzales was dead. Yet it appears from the testimony that Gonzales 
and himself lived in the same town, and were well acquainted with each 
other, "acquaintances of long standing!" It is not necessary to canvass 
the truth of Mr. Hewitson's statement after this revelation. 

However, the monstrous contradiction introduced here affords another 
illustration of the boldness of Judge Watrous and his confederates in press- 
ing the ends of their conspiracy. In 1855, Hewitson, who was, as I have 
stated, one of the heaviest suitors in Watrous' court, is at Galveston. At 
that time the Lapsley cases are zn iransilu, and are filed and tried, within 
sixty days, at New Orleans. In this emergency, it suited the purposes of 
Judge Watrous and his confederates, that Hewitson should come forward 
and swear that his townsman and neighbor was dead. Yet a little while 
after, it suiting their purposes, they have the extreme and almost incredible 
effrontery to introduce the formerly dead townsman and neighbor as a liv- 
ing witness, under a certificate of respectability obtained from Hewitson 
himself. Can there be any defiance of truth more extreme, more unblush- 
ing, and more revolting in its shamelessness than this ? 

So far, I have followed with patience the general narrative of this stu- 
pendous and far-reaching conspiracy, through its windings and devices. I 
have done this to show the ramifications of the plot, and to illustrate the 
boldness of the actors. That boldness I have shown to be especially dis- 
played in the desperate attempts made to impose upon the courts a forged 
power of attorney, in the procurement and benefits of which forgery Judge 
Watrous was largely interested. 

However, there is one simple and summary view of the whole matter, 
that to my mind is so conclusive of the fraud of the parties in the La Vega 
land transactions, that I can not conceive how a rational mind can require 
further proof of, or remain in doubt with respect to, the existence of cor- 
ruption among the parties to the sale of this land. I will briefly express 
this view, and 1 will challenge upon it the judgment of this honorable body, 
whether there was fairness or fraud in the transaction, 

I refer to the circumstance of the monstrous inequality between the 



568 Hotiston^s Literary Remains, 

amount of purchase money to be paid by Judge Watrous and his partners 
for these lands, and their actual value at the time of the sale. And I will 
start out with the well-settled principle of law, that a purchaser, with a 
notice of fraud in the sale on the part of those selling, becomes a party to 
the fraud. 

Here, then, as the evidence shows, we see a body of sixty thousand acres 
of choice land, worth, at the time of sale, at least $100,000, with land scrip 
to the amount of " ten or twelve thousand acres," sold for the paltry sum 
of $6,200. This scrip had a cash market value at the time of the sale, nearly, 
if not quite, equal to the whole amount of the purchase money ; but, located 
on a questionable title, its market value was much more, which would ren- 
der the La Vega title an absolute donation to these parties. These lands 
were in the hands of trustees, Messrs. M. B. Menard and Nathaniel F. Will- 
iams. The. latter was the brother of Mrs. St. John, the party for whose 
benefit the sale was made ; the other was one of the large land operators in 
Texas, and both were intimately acquainted with the value of property of 
this description. The title, also, had been derived through Samuel M. Will- 
iams, also a brother of Mrs. St. John, who was the actor in obtaining the 
title, and who knew all about it. If there was any defect in that title, he 
knew of it. If there was a reason for selling it cheap, he knew of it. 

Further : it is to be noticed that shortly previous to the sale of this land, 
the case of Hancock vs. McKinney had been decided in the district court of 
the State, wherein a title, exactly similar to the La Vega title, as admitted 
by Judge Watrous himself, had been adjudged to be valid. So identical 
were the titles, as the testimony shows, that it may be considered that the 
adjudication was upon this very title, purchased from Williams by Judge 
Watrous and his partners. 

Yet, under all these circumstances, this large body of land, worth $100,- 
000 at least, and the title to which had just been declared valid by the dis- 
trict court of the State, is sold by gentlemen who are acting under the 
obligations of a trust, and who are well acquainted with the value of the 
land, for a few cents an acre ! I ask, do not all these circumstances com- 
bine to show that there was a known and acknowledged defect in the title } 
They irresistibly point to the fact that Williams knew that there was no 
power of attorney from La Vega to perfect the title. They incontestably 
prove that it was a corrupt and speculative sale of defective title. Let me 
place this question before honorable Senators : 

Suppose that the action of the trustees, Menard and Williams, or her 
other agents making this sale and conveyance, had been called into ques- 
tion by Mrs. St. John (for whose benefit the sale was made) ; suppose she 
had come into court and had said that the sale was not fair, and moved to 
set it aside : is there any court of equity in the land that would have refused 
the application ? No. The inequality between the value of the land and 
the amount of the purchase money is too egregious to be overlooked. It is 
the very sign and badge of fraud to the transaction. It proves, beyond the 
shadow of a doubt, the knowledge of the parties of the defects of the title, 
and existence of a corrupt conspiracy to supply this all-important link, and 
without which it was wholly worthless, as subsequent events have shown, 
by a forged document, and by using Judge Watrous' court to sustain such 
forQ-cd muniment of title. 



The Jud^e Falsifijing the Record. 569 

And, in this connection, it will te borne in mind that Judge Watrous not 
alone received one-fourth part of the purchased land at the trifling consid- 
eration named, but also, on a credit of five years, and to this day, after a 
lapse of eight years, has not paid, or been required to pay, one cent. 

Moreover, there is another most important circumstance. I have stated 
that the grant in the Hancock and McKinney case and the La Vega grant 
were identical. The position of Samuel M. Williams was the same in both 
grants. He had sold the Santiago del Valle grant (which was involved in 
the Hancock and McKinney case), as the agent of Santiago del Valle, in the 
same manner as he had sold the La Vega grant as the agent of La Vega. 
Judge Watrous was also interested in the Santiago del Valle grant to the 
extent of some four or five thousand acres of land. He, the judge, was rep- 
resented by Robert Hughes, who argued the case before the Supreme Court of 
Texas. Now, it appears that, in the Hancock and McKinney case, as in the 
Lapsley cases, there was no power of attorney from Santiago del Valle to 
Williams. 

In the case of Hancock vs. McKinney, " it was admitted that Williams 
had authority to act for Del Valle." This is reported from the case — 
7 Texas Reports. An opportunity to explain this singular admission was 
offered Hughes, the counsel of Judge Watrous, on his examination as a wit- 
ness before the House committee. But what does he say } 

" Question. Was the power of attorney from Santiago del Valle, author- 
izing Williams to sell, in the Hancock and McKinney case .'' 

" Anszuer. I do not know. It is a long time since I saw that record." 

Now, is it to be supposed that this active counsel in the case where his 
client and patron, Judge Watrous, was interested to the amount of four or 
five thousand acres of the most valuable land (situated immediately oppo- 
site to the seat of government), would have failed to recollect the existence 
of this all-important link in the chain of title.? Thus, as in the case of 
Ufford and Dykes, so in the case of Hancock vs. McKinney, it is managed 
to obtain the admission, and to avoid all question as to the authority of 
Williams to sell the land. 

So, it appears, that of the parties. Judge Watrous and his counsel, Robert 
Hughes, at least, went into the La Vega land speculation, their attention 
directed, especially directed, to the power of attorney from La Vega to 
Williams, which they had to look to as the principal link of title. 

The investigation touching the official conduct of Judge Watrous, which 
was had in the Thirty-fourth Congress, was made in the most deliberate, 
painstaking, and thorough manner. Distinct votes were taken at different 
stages of the proceedings. Nearly the whole available time of the session 
was devoted to the examination of the records offered in support of the 
charges, which records in fact composed the entire evidence in the cases. 

With respect to the charges assigned by Spencer, the committee found a 
verdict against the judge, and proclaimed that " he had given just cause ol 
alarm to the citizens of Texas for the safety of private rights and property, 
and of their public domain, and had debarred them from the rights of an 
impartial trial in the federal courts of their own district." 

This judgment was followed up, and in its conclusions enforced by a 



570 Houston^ s Literary Remains. 

moiety of the present Judiciary Committee, in whose elaborate and con- 
clusive report the following finding of the facts is included : 

" That while holding the office of District Judge of the United States, he 
engaged with other persons in speculating in immense tracts of land situ- 
ated within his judicial district, the titles to which he knew were in dispute, 
and where litigation was inevitable. 

" That he allowed his court to be used as an agent, to aid himself and 
partners in speculation in land, and to secure an advantage over other per- 
sons with whom litigation was apprehended. That he sat as judge on the 
trial of cases where he was personally interested in questions involved, to 
which may be added a participation in the improper procurement of testi- 
mony to advance his own and partner's interests." 

Into the merits of the legal question, with respect to the appeal sought 
to be taken by Mussina in the Cavazos case, I do not propose to inquire. 
It is indispensable, however, to insure a clear understanding of the case, 
and to complete its history, to notice the matter, and to read here the judg- 
ment pronounced on this branch of the Watrous case by the following hon- 
orable gentlemen, composing a moiety of the House Judiciary Committee 
before alluded to : Messrs. Henry Chapman, of Pennsylvania ; Charles Bil- 
linghurst, of Wisconsin ; Miles Taylor, of Louisiana, and George S. Hous- 
ton, of Alabama : 

"And, finally, they are prevented from having the decision against them 
reviewed in the appellate court, by the failure of the judge to perform his 
full duty to them in facilitating the exercise of the right of appeal, given to 
them by law, from motives of public policy, for their own private advan- 
tage." 

It appears that Mussina applied to the Supreme Court for a rule for a 
tnandainus against Judge Watrous, who had, as he conceived, refused or 
defeated his application for an appeal, which was within the time prescribed 
by the law. To this Judge Watrous answered, and sustained his answer by 
the testimony of Cleveland, Parker, Jones, Love, and son. It is revealed in 
the testimony that William G. Hale was here in Washington, on the spot. 
Mr. Love, the clerk of Judge Watrous, says : 

" Mr. Hale sent from Washington city a copy of Mr. Mussina's affidavit 
before the Supreme Court of the United States." " I got four or five affi- 
davits, and enclosed them to Judge Watrous. All of us [/. c, C/ez'elnnd, 
Parker, Jones, his son, and himself, all creatures of the court] agreed in 
making the affidavits on our own recollection." 

It is unnecessary to review the testimony of these witnesses before the 
House committee. A mere inspection of it will present the contradictions 
with which it abounds, and will show the changes and shifting of the wit- 
nesses, according as their recollections are refreshed from time to time by 
Judge Watrous. It would appear that on this testimony and the statement 
of Judge Watrous, the rule for a mandavnts was? denied. In a further part 
of the testimony taken in the Judge Watrous investigation, it is shown that 
the Supreme Court would not permit the truth of a judge's return, in a case 
of this nature, to be questioned ; " that by the practice of the Supreme 
Court, it did not allow a question of fact to be raised on the return of any 



Collusion of the Court with Interested Witness. 571 

of the judges on a rule m'si for a mandamus, but took the judge's return as 
absolutely true in relation to the facts." I ask honorable Senators to 
pause here. I beg them to consider to what this question of appeal from 
Judge Watrous' court has reduced itself. I ask, has Judge Watrous proved 
himself the man of truth and honor, that his word should not be permitted 
to be questioned ? Is he the man whose statement should not be gainsaid ? 
Is he the man to be continued in a position where his statements are to 
govern and override all contradiction 1 Is he the man to remain on the 
bench .'' 

It has been shown now what steps were taken by Judge Watrous and his 
court officers to baffle, and finally defeat, the appeal of Mussina. 

Thus was the right of appeal, a right so absolutely recognized as essential 
to the interests of justice, and so important with reference to public policy, 
denied the petitioner. Such, indeed, was a fitting conclusion to the series 
of acts of collusion, tyranny, and oppression which had signalized the action 
of the judge in the celebrated Cavazos case. 

As to the final act of collusion on the part of Judge Watrous and his con- 
federates in preventing Mussina's appeal, the judgment of the committee in 
the Thirty-fourth Congress is so strong and clear, that if I could aflford the 
time, I might comment at length upon the deliberate and atrocious circum- 
stances that mark this last act in the Cavazos case. 

But even apart from this, there appear additional reasons why an appeal 
was not taken in the Cavazos case, even if it had been possible ; or why an 
attempt was not made at an earlier day, despite of the machinations to pre- 
vent it. There were reasons to esteem the record as partial, collusive, and 
false ; and a party might well hesitate to risk his case upon such a record. 
He might well fear the effect of a made-up record ; and one made up, too, 
as the testimony would show, under the eye of William G. Hale, the chief 
actor in the scenes we have described. 

But I conceive a special and particular reason to prevent a party from 
risking his rights on such a record as that in the Cavazos case. I allude 
here to one of the most open and barefaced acts of collusion possible to be 
imagined, having been countenanced by the judge, and put falsely upon the 
record, so as to operate to the particular prejudice and detriment of Mus- 
sina. This circumstance alone will furnish an ample explanation of Mr. 
Mussina's much-accused delay in taking an appeal. 

It appears that by collusion, and in defiance of law and justice, Robert 
H. Hord was called by the complainants, and made a witness for them, on 
the trial of the Cavazos case. Thereupon, having been sworn on his voir 
dire to testify as to his interest, the solicitor of Jacob Mussina, one of the 
defendants, put the following questions to him : 

" Have you, or have you not, any understanding or agreement with the 
complainants, or either of them, or their agent or solicitors, in relation to 
the determination of this cause, or of any of the matters involved therein, 
adverse to any interest or right claimed by Jacob Mussina in any property 
or rights involved in this suit } Are you, or not, interested in any such un- 
derstanding or agreement ? " 

This question Mr. Hord refused to answer, and, thereupon, the court de- 
cided "that the question need not be answered." 



572 ■ Houston's Literary Remains. 

As to this ruling of the court, the committee of the Thirty-fourth Con- 
gress say unanimously : 

"The court permitted Robert H. Hord, counsel for defendants, and wit- 
ness covertly interested, to testify at the hearing of said case, and sustained 
his refusal to answer the following proper and legal question, mtended to 
show that he had a collusive interest adverse to Jacob Mussina," 

And a moiety of the committee of the present Congress sustain this view 
by the following declaration of judgment : 

" The refusal of the judge to compel the witness (Hord) to answer the 
questions propounded to him by Mussina's counsel, and then permitting 
the witness to testify to a fact material to the issue, and in opposition to 
Mussina's interest, was, we think, in violation of law. 

" The action of the judge, in the instance spoken of, seems to be subver- 
sive of ail recognized principle, and to admit of no excuse." 

The testimony of Hord, which the court admitted, was of great importance. 
It went to the main question of the genuineness of the title of complainants. 
His testimony was important, as against Mussina, and others of the defend- 
ants : and it further appears that with Mussina he had held the most confi- 
dential relations, having been his agent and attorney. 

It appears further, from the testimony before the committee, that long 
before Mr. Hord was thus examined as a witness, he had made a collusive 
agreement with the man Treanor, who was acting as the agent of the com- 
plainant, Cavazos, and who now called him as a witness. It is shown in the 
testimony that Hord held an instrument of writing, purporting to be a sale, 
or contract of sale, to himself and partner, of the town tract of Brownsville, 
which was tlie principal subject-matter of the suit, which was signed by 
John Treanor, as agent for Cavazos and wife ; and the suit was continued, 
and Hord offered as a witness, simply to carry out this fraudulent arrange- 
ment. \ 

This revelation is not only important, as going to show the collusive 
interest of the witness Hord, but it throws further light upon the wretched 
system of fraud to which Treanor, this useful agent and witness of Judge 
Watrous, was a party. 

It would seem to be an excess of oppression, thus through collusive man- 
agement to use a party as a witness against his client and friend, and to 
deny him the privilege of examining such witness as to that collusion. But 
the record is falsified still further to take advantage of this testimony ; and 
Mussina is to be bound hand and foot, so as to preclude all possibility of 
his contesting his rights upon a fair and honest record. Not satisfied with 
foisting upon the case the testimony of Hord, as a witness of the complain- 
ant, the " statement of proceedings," which is signed by Love, the clerk of 
the court, makes it appear that this testimony of Hord had been offered by 
Mussina, and other of the defendants. Love, in his testimony before the 
committee, in answer to the question, " By whom was the original statement 
of proceedings made ? " says : 

" I do not know certainly ; but I believe the original was presented to 
the clerk of the court by Mr. Hale, for him to verify by the indorsements 
on the papers filed." 



Interested Parties Controlling the Court. 573 

Thus is falsehood added to falsehood ; thus is the truth of the record 
prostituted to collusive designs ; and at last, by its falsification, is Mussina 
left without anything on which to hang even a hope for the recovery of his 
rights. 

Indeed, every circumstance about the record was calculated to inspire 
suspicion of its integrity. The translations of some of the most important 
documents in the case had been made by Hale ; and although he was not 
sworn, he was allowed to withdraw the original documents from the file ; 
the translations which he substituted were admitted by the court ; and thus 
again was the record of the case governed by this colluding and unscru- 
pulous attorney, who holds an absolute conveyance for the larger portion 
of the property. 

No wonder that Mussina was unwilling to trust to the integrity of the 
record thus made up under the eye and direction of his adversary. Nor 
does he appear to have been timorous without reason. Sir, it appears by 
the testimony before the late investigating committee, that, in a suit which 
he instituted in New Orleans, against the parties who had colluded in Judge 
Watrous' court, to despoil him of his rights, a false record was sent up from 
Judge Watrous' court ; false, too, in the most important and vital particu- 
lar. In the examination of the record, it was found that an affidavit had 
been falsified by striking from the very middle of it an important portion of 
the evidence. Against men who dared thus to do an open act of infamous 
crime, Mussina had to contend from first to last. Other and glaring evi- 
dences of collusion are to be seen in this "statement of proceedings," and, 
indeed, throughout the record as sent up to the Supreme Court. 

It appears that the judge's partnership speculations were of the most 
various kinds. He not only was interested in the fraudulent certificate 
business ; he not only engaged in speculations with a company of profes- 
sional dealers in real estate ; but he had other partnerships by which to sus- 
tain his fortunes. He taxed his ingenuity in contracting partnerships of 
every description. 

The testimony shows that he even obtained partners in the ownership he 
claimed of a patent for curing beef, and of an extensive beef-curing estab- 
lishment. 

But it is found that he went into another partnership of much more ques- 
tionable honesty than the beef-curing speculation. He became connected 
with Dr. Cameron in a silver mine of Mexico. This partner was a principal 
litigant in his court, and had heavy suits pending therein to large tracts of 
land under Mexican grants ; of course it became the judge's interest that 
his partner should harvest his means ; and to the extent of this interest, he 
necessarily vacated his office. 

I must here advert briefly to another gigantic speculation with which 
Judge Watrous is shown to have been connected. I refer to what is known 
as Peters colony ; which was a contract of colonization of more than ten 
thousand square miles of land in Texas. William G. Hale, in his corre- 
spondence with Judge Watrous, from which I have already read, makes allu- 
sions to the progress of negotiations on the subject. In his letter, dated 
March 14, 1847, to Judge Watrous, he remarks, " We have had a long inter- 



574 Houstonh Literary Hemains. 

view with Mr. Hedgecoxe (the agent of Peters colony grant), and are arrang- 
ing matters." 

It further appears that the Hon. Caleb Gushing was employed as the 
attorney for this association, which is known to have numbered among its 
members men of the highest station and most powerful influence in the 
land ; and that when elevated to the high office of Attorney-General of the 
United States, he gave an extra-judicial opinion in favor of the claim of the 
company, which will be found in the published opinions of the Attorney- 
Generals. 

It was this former attorney for the association, with which Judge Watrous 
was connected, who was called to his aid when pressed by the investigation 
before the committee of the House, and who acted as his counsel and de- 
fender throughout that emergency. I mention this only to illustrate the 
ramifications and varieties of the influences brought to sustain Judge Wat- 
rous whenever occasion required, and the extent of which baffles imagina- 
tion, and leaves us at a loss what to conjecture. 

I will here bring to the notice of this honorable body a letter addressed 
by one of the managers of Peters colony grant to Judge Watrous after his 
elevation to the bench : 

"Louisville, Kentucky, January 15, 1847. 

" Dear Sir : — I am just in receipt of your letter of the 22d ultimo, and 
upon presenting it to the trustees of the company who manage its afifairs, 
they instructed me to say to you that the transfer of their cause by you to 
Messrs. Johnson and Hale, meets their entire approbation. Relying upon 
their knowledge of your own ability to select for them, they have addressed 
a note to Messrs. J. and H., but if it should not reach them, please do us 
the favor to say to them that their selection is satisfactory, and that we 
hope they will investigate the matter thoroughly for trial. Our agent in 
the grant, upon whom the process will be served, is Mr. Henry O. Hedge- 
coxe, McGarrah's post-office, Texas — the county I do not know, as the 
grant has been divided within a year into three counties. If they require 
any information from us, we shall promptly give it to them. I am pleased 
to learn that you have received and accepted the appointment of judge of 
the Federal court of Texas. I do you but justice when 1 say that I believe, 
from the reputation you have among those whom I know to be competent 
to decide, that you deserved the appointment ; and I am also satisfied that, 
if our case should come before you, we shall have both law and justice ren- 
dered us, so far as it is dependent on your decision. 

" Please accept my best thanks for your attention and communication, 
and believe ine, very respectfully, etc., 

" To Judge J. C. Watrous. Jno. J. Smith," 

The fact is thus revealed that Judge Watrous had been counsel in this 
case before going on the bench, and that in assuming the judicial office, he 
had turned over the business he had been managing to Hale and Johnson, 
the attorneys he had imported into Texas to aid in the accomplishment of 
his purposes. The writer of this letter, one of the persons who had em- 
ployed the judge in this case, congratulates him on his promotion to the 
bench, and says : 



Judge Watrouii the Ruling Conspirator. 575 

" I am also satisfied that if our case should come before you, that we 
shall have both law and justice rendered to us, so far as it is dependent 
upon your decision." 

Thus writes the client to his lawyer who had been made judge, and who 
is congratulated on the jii%tice with which he will decide the case in which 
he had been counsel. 

It may well be imagined v/hat influences this conspiracy must have pos- 
sessed itself of and wielded for evil, when it is seen how a memorialist who 
dared to ask for the impeachment of Judge Watrous has been hunted, tra- 
duced, and threatened, to deter him from the prosecution of his remedy be- 
fore Congress. Leading presses have been subsidized to devote their columns 
to his abuse, and to the circulation of absurd slanders. Great influences 
must certainly have been employed to procure this wholesale and unquali- 
fied personal abuse, when we reflect upon the indorsements Mr. Mussina 
has received with respect to the truth and justice of his complaints. The 
assertion of his wrongs has been sustained by the unanimous report of one 
committee of Congress ; the findings of this committee have again been 
indorsed by a moiety of the present House Judiciary Committee, and those 
of this committee who dissented have been willing to admit that they had 
not examined the charges assigned by Mussina with care. With such in- 
dorsements of his verity, and the fact being considered, too, that the judge 
he accuses had been previously charged by the sovereign State itself, what 
influences may we not imagine to have been employed to so pervert the 
truth } 

In the history I have stated of the conspiracies, collusions, and frauds in 
which Judge Watrous was an active party, I have not attempted to compre- 
hend all the malfeasances of the judge. The record of these might be 
greatly extended. But I have only intended to give a sketch of the most 
prominent and notorious of his misdeeds. In doing this I think I may 
claim that I have not indulged in mere assertions, nor in any statements, 
unless sustained and accompanied by the evidence. I think that I have 
not commented with violence upon any of the revelations of the judge's 
offenses. I have had no disposition to indulge in denunciations, and I have 
sought only to marshal the facts for the calm consideration and judgment 
of this honorable body. With respect to the malfeasance of the judge in 
the cases of Mussina and Spencer, I have been governed in my statements 
by the letter of the testimony taken by the House committee in the inves- 
tigation of his conduct. I have followed this testimony strictly, I believe, 
and with no other anxiety than that of arriving at those legitimate conclu- 
sions of fact which it inevitably leads to and warrants. 

In drawing to a close the brief history I have attempted to narrate of the 
frauds which were conceived, set on foot, and promoted by Judge Watrous 
and his confederates, a portion of whom, at least, are known, it will be well 
to make a slight review of the principal facts, so as to hold clearly in the 
mind correct and proportionate ideas of the vast conspiracy, of the details 
of which I have spoken at length. 

It appears that the company was organized on a scale of most extraordi- 
nary extent ; and that its ramifications, as far as known, reached from State 
to State, to the most distant points of the Union, and that, as far as they 



576 Houston'' s Literary Remains. 

are unknown, they may well be imagined to extend to existing sources of 
power anywhere in the country. The objects about which this combina- 
tion was employed have been shown to have been of the most comprehen- 
sive and varied character. But seldom, indeed, has any record of crime 
offered more convincing proofs of guilt, or displayed more numerous and 
more ingenious varieties of transgression, than that written in the history 
of the Watrous conspiracy. 

Every object that cupidity could devise, or that fraud could suggest, 
seems to have been embraced in the designs of this stupendous company. 

It was its object to plunder the public domain of Texas, to seize upon it 
by fraud and forgery, and to fasten upon whole communities the most 
audacious frauds ever sought to be practiced upon State or people. 

It was its object to deal in fraudulent land certificates, and to sustain 
these dealings by corrupting and seducing the courts, thus adding crime to 
crime. It has been seen that the most open propositions of corruption 
were made, and the traffic was carried on with the direct countenance and 
assistance of Judge Watrous, whose agent explored the bar-rooms and grog- 
geries of the State for customers. 

It was its object to conceal their operations, and especially to remove 
them from the action of Texan juries. For this service it has been shown 
how the machinery of Judge Watrous' court was employed, and how in that 
court the great suit of Phalen vs. Herman, seeking to substantiate these 
worthless certificates, was instituted, and removed out of the State in less 
than seventy-two hours, and that done out of term-time. 

It was its object to plunder private property, and to secure to its mem- 
bers vast bodies of lands in Texas, and to despoil the settlers of their just 
and hard-earned rights. 

It was its object to acquire interests in land within the jurisdiction of 
Judge Watrous' court; to further these speculations by the corrupt use of 
that court ; and through its protection to escape responsibility to Texas 
juries. 

It was its object to have the federal court absolutely subservient to its 
designs ; and for this purpose servile juries were sought to be selected, and 
an order made by Judge Watrous to exclude from jury duty citizens of four 
counties, which counties embraced the chief portion of the company's 
known field of operations. 

It was its object to impose upon the courts a forged muniment of title to 
a vast estate, and to sustain the forgery by perjured and purchased testi- 
mony. The whole history of the forged power of attorney is overwhelming 
in its evidence of the black and redoubled crime of Judge Watrous and his 
confederates, in seeking to sustain a forgery of the most monstrous descrip- 
tion, by devices of fraud, by bolder acts of bribery, and, at last, by direct 
subornation of perjury. 

It was its object to betray suitors in Judge Watrous' court, by collusion 
between the court and counsel, and between opposite counsel, and to divide 
out among themselves the gains. 

It was its object to oppose all unfriendly parties who attempted to sue in 
the federal court, and, through the favor of this judge, to practice revenge 
upon them, to strip them of their rights and to mock them. 



Duty of the Senate as to Judge Watrous. 577 

All these stupendous and vile objects were sought to be accomplished 
through the subserviency of Judge Watrous' court, and by the aid of the 
corrupt appliances he possessed. The whole conspiracy centered in him ; 
and for the sum of all its wrongful acts he is to be held responsible. 

How shall this fearful responsibility be exacted ? This honorable body 
can not do it; it can not administer the punishment, or series of punish- 
ments, that the black record calls for. But although it can not visit a 
felon's doom upon the culprit, it may banish him from the offices of the 
State. The least it can do is to deprive of further opportunities of further 
wrongs a judge who has disgraced his station and defiled his ermine and 
stricken dismay in the hearts of the people. This is all that is asked fcft^ ; 
simply that Judge Watrous' opportunities, as a judicial officer, of continu- 
ing with impunity his offenses, may be limited by the passing of the bill I 
have offered. And in making this least request, I appeal for your compli- 
ance in the name of a noble, outraged people ; and in the name of interests 
which are even higher in their appeal to you — those of the honor of this 
Government as residing in the character of our federal judiciary. 

Mr. President, I shall for only a few moments longer occupy the attention 
of the Senate. This has been a most extraordinary case. It is one that 
appeals to the integrity, to the consideration, and to the reflection of the 
Senate. These disclosures of criminality, the evidence furnished by his 
confederates, the extraordinary character of his judicial decisions, his 
tyranny, his unprecedented despotism in judicial action — all these things 
seem to present it as the only alternative that we should get rid of this man 
in some way. 

Why, sir, the temptations of twenty-four million acres of public domain^ 
and the corrupting influences of a combination so extensive and extraordi- 
nary as this has been, are calculated to engulf all the interests of the State. 
There is a mode of remedy that has heretofore been resorted to, and can 
be again. By consolidating the two judicial districts of Texas into one, we 
can get rid of this intolerable incubus ; we can divest ourselves of this 
calamity. Te.xas, in all that she has ever felt in her days of extreme excite- 
ment to the present day, has never felt so keenly the afflictions of revolu- 
tion as she feels this moral curse and this judicial iniquity upon her. She 
has passed through many trials, but none that compare to this. This prom- 
ises an interminable duration : we know not when we are to get rid of it. 
Twenty-four million acres of land ! there is magic in its sound — magic in 
the number of acres. It is a kingdom ; it is an empire worth fighting for; 
and it will be fought for; and it admits of d-ivisions and subdivisions. 
Where it is to go, through what ramifications it is to run, no one knows. 
No one knows the artifice that is now used, and the means that are to be 
employed in these and other speculations in Texas referred to. Sir, rid us of 
this man ; give us an honest judicial officer. The people of Texas, of Anglo- 
Saxon descent, are an honest people. It is that which causes them to feel 
this curse with tenfold wretchedness. They are not capricious. No other 
people, with the manifest outrages that have been there committed, would 
tolerate this man to sit on a judicial bench, and to remain in a position 
where he could soil his ermine, and attach infamy to his office. Sir, our 
people have been alwaj^s submissive to law, or enough of them to maintain 
37 



578 Hovstonh Literary Memains. 

the solidity of our community; and though men have gone there in other 
days — and I was among the first emigrants— who may not have lived here 
under the most favorable and delightful circumstances, yet they have united 
all their energies, they have made themselves a people, and they deserve to 
be considered as such. 

The gentlemen who have thought proper to reflect on their character, 
and even this judge himself, would find that they themselves would come 
up to a very low standard of Texan morality, I insist that we be relieved 
from this judicial monster, that has disgraced the judicial system of our 
Government more than any man has ever before done, and whose crimes 
are but partially exposed to the public, notwithstanding he has sunk deep, 
deep in the slough of infamy. I wish this bill read. 



SPEECH REFUTING CALUMNIES PRODUCED AND CIRCULATED 
AGAINST HIS CHARACTER AS COMMANDER-IN-CHIEF OF 
THE ARMY OF TEXAS. 

Delivered z'n the Senate of the United States, February 28, 1859. 

Mr. Houston. Within a very few days, Mr. President, my political life will 
terminate. Previous to that event, I deem it due to myself, and to the truth of 
history', as well as to posterity, that I should be indulged in vindicating myself 
against uncalled-for charges and unjustifiable defamation. Were it necessary, 
in retiring from official position, to cite illustrious examples for such a course, I 
could cite that of General Washington, who felt it necessary, with his large, his 
immeasurable renown, to offer a refutation of anonymous calumnies which had 
been circulated against him, and to specify the particular facts in relation to 
them. I find, too, that General Jackson, in his lifetime, deemed it proper to file 
a vindication of himself, which was not disclosed until after his decease. Not 
wishing to place myself in a category with these illustrious men, I nevertheless 
feel that it is due to myself that I should vindicate my character from the attacks 
that have been made upon me. Within the next month, I shall have served 
my country, with few intervals, for a period of forty-six years. How that service 
has been performed, 1 leave to posterity to determine. My only desire is, that 
truth shall be vindicated, and that I may stand upon that foundation, so far as 
posterity may be concerned with my action, that they may have an opportunity 
of drawing truthful deductions. Either of the illustrious patriots referred to 
might have spared much of their world-renowned distinction, and yet have had 
a world-wide fame left. More humble in my sphere than they were, more cir- 
cumscribed than they, I feel that it is the more necessary for me to vindicate 
what may justly attach to me, from the fact that I leave a posterity, and from 
that circumstance I feel a superadded obligation. Neither of those illustrious 
men left posterity. I shall leave a posterity that have to inherit either my good 
name, based upon truth, or that which necessarily results to a character that is 
not unspotted in its public relations. I have been careless of replying to these 
things for years. I believe no less than ten or fifteen books have been written 



Calumnies as to Battle of Hian Jacinto. 579 

defamatory of me, and I had hoped, having passed them with very little obser- 
vation, that, as I approached the close of my political term, and was about to 
retire to the shades of private life, I should be permitted to enjoy that retirement 
in tranquillity ; that my defamers would not pursue me there with the rancor 
and hatred with which they pursue an aspiring- politician whom they wish to sink 
or depress. I could see no reason for their continued efforts to detract from my 
fairly-earned reputation. 

Mr. President, these were fond anticipations, and they were delightful to 
cherish. I entertained them with cordiality ; they were welcome to my heart. 
But I find recently, and that is it to which my observation is immediately 
directed, a production purporting to be a Texas Almanac, which contains what 
is said to be a narrative of the "campaign of San Jacinto." It has a name at- 
tached to it, and purports to be taken from the diary of a gentleman who has the 
prefix of " Doctor" to his name, to give it weight in society. The individual is 
unknown. He is a poor dupe, ignorant, I presi;me, of the contents of the paper 
which bears his name. It is possible that he never knew a word it contained. 
It would be difficult to think otherwise ; for one avenue to his understanding, he 
being profoundly deaf, has for many years been closed, and he has given a posi- 
tive contradiction to the parts of his paper that were considered the most pointed 
and important. 

The object was to assail my reputation, and to show that the battle of San 
Jacinto, and all the preceding acts of generalship connected with that event, had 
been forced upon the General, and that really, on that occasion, he had acted 
with a delicacy unbecoming a rugged soldier. This is the design. How far it 
will be successful, I do not pretend to say ; but it is strange that such a mass of 
this work should be produced. I perceive that no less than twenty-five thousand 
copies of it are- to be circulated in the character of a book. It would be rather 
imposing, bound in cloth or leather, but in paper it is not so very important; 
but still there is something very ostc7isibIe about it. 

My object, on this occasion, will be to show the true state of facts connected 
with that campaign, and with the wars of Texas. It is a subject which I had 
hoped was passed by forever, and would never again come under review, par- 
ticularly my having had any connection with it. I had desired that it would 
cease forever, so far as I was concerned, and that I should never be placed in a 
position in which I should seem to be fighting my battles over again. They 
have not been so numerous, or so illustrious, that I should recall them with any 
more pleasure than that which arises from having rendered yeoman service to 
my country, and rendered every duty that patriotism demanded. I had hoped, 
therefore, that I should be spared this occasion of presenting myself before the 
public. In treating of the subject now, I will speak of the General and Com- 
mander-in-chief in the third person, for I do not like the pronoun /, so often 
repeated as would otherwise be necessary, and I shall give it that character 
which I think will be most seemly and acceptable. 

It is necessary, in the first place, to announce the fact that, on the 2d of March, 
1836, the declaration of Texan independence was proclaimed. The condition of 
the country at that time I will not particularly explain ; but a provisional gov- 
ernment had existed previous to that time. In December, 1835, when the 
troubles first began in Texas, in the inception of its revolution, Houston was 
appointed Major-General of the forces by the consultation then in session at 



580 Hottston^s Literarij JRemains. 

San Felipe. He remained in that position. A delegate from each municipality, 
or what would correspond to counties here, was to constitute a Government, 
with a Governor, Lieutenant-Governor, and Council. They had the power of 
the country. An army was requisite, and means were necessary to sustain the 
revolution. This was the first organization of anything like a Government, 
which absorbed the power that had previously existed in committees of vigi- 
lance and safety in different sections of the country. When the general was 
appointed, his first act was to organize a force to repel an invading army which 
he was satisfied would advance upon Texas. A rendezvous had been established, 
at which the drilling and organization of the troops was to take place, and officers 
were sent to their respective posts for the purpose of recruiting men. Colonel 
Fannin was appointed at Matagorda, to superintend that district, second in com- 
mand to the General-in-chief; and he remained there until the gallant band 
from Alabama and Georgia visited that country. They were volunteers under 
Colonels Ward, Shackleford, Duvall, and other illustrious names. When they 
arrived, Colonel Fannin, disregarding the orders of the Commander-in-chief, 
became, by countenance of the council, a candidate for commander of the volun- 
teers. Some four or five hundred of them had arrived, all equipped and disci- 
plined ; men of intelligence, men of character, men of chivalry and of honor. 
A more gallant band never graced the American soil in defense of liberty. He 
was selected ; and the project of the council was to invade IMatamoras, under 
the auspices of Fannin. San Antonio had been taken in 1835. Troops were to 
remain there. It was a post more than sev'enty miles from any colonies or set- 
tlements by the Americans. It was a Spanish town or city, with many thou- 
sand population, and very few Americans. The Alamo was nothing more than 
a church, and derived its cognomen from the fact of its being surrounded by 
poplars or cotton-wood trees. The Alamo was known as a fortress since the 
Mexican revolution in 1S12. The troops remained at Bexar until about the last 
of December. 

The council, without the knowledge of the Governor, and without the con- 
currence of the Commander-in-chief of the army, had secretly sent orders 
authorizing Grant and others to invade Matamoras, some three hundred miles, I 
think, through an uninhabited country, and thereby to leave the Alatno in a de- 
fenseless position. They marched off, and left only one hundred and fifty effect- 
ive men, taking some two hundred with them. Fannin was to unite with them 
from the mouth of the Brazos, at Copano, and there the two forces were to unite 
under the auspices of Colonel Fannin, and were to proceed to Matamoras and 
take possession of it. The enemy, in the meantime, were known to be advanc- 
ing upon Texas, and they were thus detaching an inefficient force, which, if it 
had been concentrated, would have been able to resist all the powers of Mexico 
combined. The Commander-in-chief was ordered by the Governor to repair 
immediately to Goliad, and if the expedition surreptitiously ordered by the council 
should proceed to Matamoras, to take charge of it. Under his conduct it was 
supposed that something might be achieved, or at least disaster prevented. 

The council, on the 7th of January, passed an edict creating Fannin and John- 
son military agents, and investing them with all the power of the country, to 
impress property, receive troops, command them, appoint subordinates through- 
out the country, and effectually supersede the Commander-in-chief in his au- 
thority. As I said before, he was ordered to repair to Copano. He did so. 



Intrirjites of Cabinet Loyally Met. 581 

While at Goliad, he sent an order to Colonel Neill, who was in command of the 
Alamo, to blow up that place and fall back to Gonzales, making tliat a defensive 
position, which was supposed to be the furthest boundary the enemy would ever 
reach. 

This was on the i7lh of January. That order was secretly superseded by the 
council; and Colonel Travis, having- relieved Colonel Neill, did not blow up the 
Alamo, and retreat with such articles as were necessary for the defense of the 
country ; but remained in possession from the 17th of January until the last of 
February, when the Alamo was invested by the force of Santa Anna. Sur- 
rounded there, and cut off from all succor, the consequence was they were de- 
stroyed ; they fell victims to the ruthless feeling^s of Santa Anna, by the con- 
trivance of the council, and in violation of the plans of the Majoi-General for 
the defense of the country. 

What was the fate of Johnson, of Ward, and of Morris.'' Ihey had advanced 
beyond Copano previous to forming a junction with Fannin, and they were cut 
off. Fannin subsequently arrived, and attempted to advance, but fell back to 
Goliad. When the Alamo fell, he was at Goliad. King's command had been 
left at Refugio, for the purpose of defending some families, instead of removing 
them. They were invested there ; and Ward, with a battalion of the gallant 
volunteers of whom I have spoken, was sent to relieve King; but he was annihi- 
lated. Fannin was in Goliad. Ward, in attempting to come back, had become 
lost or bewildered. The Alamo had fallen. On the 4th of March the Com- 
mander-in-chief was re-elected by the convention, after having laid down his 
authority. He hesitated for hours before he would accept the situation. He 
had anticipated every disaster that befell the country, from the detached con- 
dition of the troops, under the orders of the council, and the inevitable destruc- 
tion that awaited them ; and to this effect had so reported to the Governor, on 
the 4th of February. 

When he assumed the command what was his situation ? Had he aid and 
succor? He had conciliated the Indians by treaty whilst he v/as superseded by 
the unlawful edicts of the council. He had conciliated thirteen bands of 
Indians, and they remained amicable throughout the struggle of the revolution. 
Had they not been conciliated, but turned loose upon our people, the women 
and children would have perished in their flight arising from panic. After treaty 
with the Indians he attended the conventions, anrl acted in the deliberations of 
that body, signing the declaration of independence, and was there elected. 
When he started to the army, the only ho|)e of Texas remained then at 
Gonzales. Men with martial spirit, with well-nerved arms and gallant hearts, 
had hastily rallied there as the last hope of Texas. The Alamo was known 
to be in siege. Fannin was known to be emi)arrassed. Ward, also, and 
Morris and Johnson, destroyed. All seemed to bespeak calamity of the most 
direful character. It was under those circumstances that the general started ; 
and what was his escort ? A general-in-chief, you would suppose, was at least 
surrounded by a staff of gallant men. It would be imagined that some prestige 
ought to be given to him. He was to produce a nation ; he was to defend 
a people ; he was to command the resources of the country, and he must give 
character to the army. He had, sir, two aides-de-camp, one captain, and a 
youth. This was his escort in marching to the headquarters of the army, as it 



582 HoKStoii's Literary liemains. 

was called. The provisional government had become extinct ; self-combustion 
had taken place, and it was utterly consumed. 

The general proceeded on his way and met many fugitives. The day on 
which he left Washington, the 6th of March, the Alamo had fallen. He antici- 
pated it ; and marching to Gonzales as soon as practicable, though his health 
was infirm, he arrived there on the i ith of March. He found at Gonzales three 
hundred and seventy-four men, half fed, half clad, and half armed, and without 
organization. That was the nucleus on which he had to form an army and de- 
fend the country. No sooner did he arrive than he sent a dispatch to Colonel 
Fannin, fifty-eight miles, which would reach him in thirty hours, to fall back. 
He was satisfied that the Alamo had fallen. Colonel Fannin was ordered to fall 
back from Goliad, twenty-five miles to Victoria, on the Guadaloupe, thus placing 
him within striking distance of Gonzales, for he had only to march twenty-five 
miles to Victoria to be on the east side of the Colorado, with the only succor 
hoped for by the general. He received an answer from Colonel Fannin, stating 
that he had received his order ; had held a council of war, and that he had 
determined to defend the place, and called it Port Defiance, and had taken the 
respo)isitility to disobey the order. 

Under these circumstances, the confirmation of the fall of the Alamo reached 
the general. Was it policy to give battle there against an overwhelming force, 
flushed with victory and the massacre of the Alamo } Was it wisdom in him 
to put upon the hazard of a die three hundred and seventy-lour men, in the con- 
dition in which his troops were, against ten thousand choice, victorious troops 
of Mexico, backed by a nation of eight million people, when he had only to rely 
upon the voluntary casualties that might exist to sustain him ? What did he do 
when he first went there ? He ordered every wagon but one to be employed in 
transporting the women and children from the town of Gonzales, and had only 
four oxen and a single wagon, as he believed, to transport all the baggage and 
munitions of war belonging to Texas at that point. That was all he had left. 
He had provided for the women and children ; and every female and child left 
but one, whose husband had just perished in the Alamo; and, disconsolate, she 
would not consent to leave there until the rear-guard was leaving the place, but 
invoked the murderous hand of the Mexicans to fall upon and destroy her and 
her children. 

Though the news of the fall of the Alamo arrived at eight or nine o'clock at 
night, that night, by eleven o'clock, the Commander-in-chief had everything in 
readiness to march, though panic raged, and frenzy seized upon many ; and 
though it took all his personal influence to resist the panic and bring them 
to composure, with all the encouragement he could use, he succeeded. An ex- 
ample of composure himself, he at last got the excitement allayed, but not until 
twenty-five persons had deserted and carried panic with tht-m to the eastern 
section of the country, as far as the Sabine, announcing the fall and massacre of 
the Alamo, and the massacre of the troops. He fell back, but fell back in good 
order. 

An incident that I will mention, of the most unpleasant character, occurred 
on leaving Gonzales. On that night, about twelve miles from there, it was an- 
nounced to the general that the Mexicans would suffer ; that a barrel of gin 
and a barrel of wine had been poisoned with arsenic, and that, as they came to 
consume it, it would destroy them. I presume no man ever had such feelings 



Concentration of Forces for the Battle. 583 

of horror at a deed being perpetrated of this kind, from which all the waters of 
the Jordan could not cleanse the reputation of a general. But, fortunately, the 
rear-guard, without ditection, set fire to the place on leaving it, and at Peach 
creek, fifteen miles from that place, ere day dawned, explosions were heard 
which produced some excitement in camp, where it was supposed to be the 
enemy's artillery ; but the general rejoiced in it, as he knew, from the difference 
in the explosion, that it was not artillery, but the poisoned liquor. That is one 
incident that occurred, among other distressing events. 

At Peach creek, fifteen miles from Gonzales, he met a reinforcement of one 
imndred and twenty-five men; but out of these one hundred and twenty-five 
men, ere morning, twenty-five had again deserted, owing to the terrible details 
that were brought of the massacre of the Alamo. With that addition, his force 
only amounted to four hundred and seventy-four men that remained with him. 
The next day he met a detachment of thirty-five men, and anticipating that he 
would make a stand at the Colorado, as he found it impossible to make a stand, 
at Gonzales, appointed an aide-de-camp, Major William T. Austin, and dis- 
patched him for artillery to the mouth of the Brazos, for the purpose of enabling 
him, on arriving at the Colorado, to make a stand — for he had not a single piece 
of ordnance, not a cartridge, or a ball. The aide-de-camp departed with an as- 
surance that within seven or eight days he would have it on the Colorado, at 
Beason's. In the meantime, and to show that the general was not a fugitive, or 
that he v^'as not disposed to expose any one to hazard, he was informed on the 
Nevada, fifteen miles from the Colorado, that a blind woman, with six children, 
had been passed by, as she was not residing on the road, but off at a distance. 
He immediately ordered two of his aides-de-camp, with a company of men, to 
go and bring her up, and made a dilatory march until she joined them on the 
west side of the Colorado. He then halted at the Colorado for days, until the 
last hoof and the last human being that was a fugitive had passed over. He had 
permitted none to remain behind, exposed to the ruthless enemy. 

There he remained, until the news of Fannin's disaster came. Fannin, after 
disobeying orders, attempted on the 19th to retreat, and had only twenty-five 
miles to reach Victoria. His opinions of chivalry and honor were such that he 
would not avail himself of the night to do it in, although he had been admonish- 
ed by the smoke of the enemies' encampment for eight days previous to attempt- 
ing a retreat. He then attempted to retreat in open day. The Mexican cavalry 
surrounded him. He halted in a prairie, without water; commenced a fortifica- 
tion, and there was surrounded by the enemy, who, from the hill-tops, shot down 
upon him. Though the most gallant spirits were there with him, he remained 
in that situation all that night, and the next day, when a flag of truce was pre- 
sented; he entered into a capitulation, and was taken to Goliad, on a promise to 
be returned to the United States with all associated with him. In less than 
eight days the attempt was made to massacre him and every man with him. I 
believe some few did escape, most of whom came afterward and joined the 
army. 

The general fell back from the Colorado. The artillery had not yet arrived. 
He had every reason to believe that the check given to General Sesma, opposite 
to his camp on the west side of the Colorado, would induce him to send for re- 
inforcements, and that, Fannin having been massacred, a concentration of the 
enemy would necessarily take place, and that an overwhelming force would soon 



584 Houstoii's Literary Hemains. 

be upon him. He knew that one battle must be decisive of the fate of Texas. 
If he fought a battle, and many of his men were wounded, he could not trans- 
port them, and he would be compelled to sacrifice the army to the wounded. 
He determined to fall back, and did so, and on falling back received an accession 
of three companies that had been ordered from the mouth of the Brazos. He 
heard no word of the artillery, for none had reached there, nor did it ever start 
for the army, and it was years before he knew that his orders had been counter- 
manded, and his aide-de-camp withdrawn from him. He wishes to cast no re- 
flection upon the dead. I shall not enter into that, but the general's orders 
were not executed ; they were countermanded ; and the opportunity of obtaining 
artillery was cut off from him. He marched, and took position on the Brazos, 
with as much expedition as was consistent with his situation ; but at San Felipe 
he found a spirit of dissatisfaction in the troops. The Government had re- 
mov'ed east. It had left Washington and gone to Harrisburg, and the appre- 
hension of the settlers had been awakened and increased rather than decreased. 
The spirits of the men were bowed down. Hope seemed to have departed, and 
with the little band alone remained anything like a consciousness of strength. 

At San Felipe objection was made to marching up the Brazos. It was said 
that settlements were down below, and persons interested were there. Oxen 
could not be found for the march, in the morning, of a certain company. The 
general directed that they should follow as soon as oxen were collected. He 
marched up the Brazos, and, crossing Mill Creek, encamped there. An express 
was sent to him, asking his permission for that company to go down the Brazos 
to Fort Bend, and to remain there. Knowing that it arose from a spirit of sedi- 
tion, he granted that permission, and they marched down. On the Brazos, the 
efficient force under his command amounted to five hundred and twenty. He 
remained there from the last of March until the 13th of April. On his arrival at 
the Brazos he found that the rains had been excessive. He had no opportunity 
of operating against the enemy. They marched to San Felipe, within eighteen 
miles of him, and would have been liable to surprise at any time, had it not 
been for the High waters of the Brazos, which prevented him from marching 
upon them by surprise. Thus, he was pent up. The portion of the Brazos 
in which he was became an island. The water had not been for years 
so high. 

On arriving at the Brazos, he found that the Yellow Stone, a very respectable 
steamboat, had gone up the river for the purpose of transporting cotton. She 
was seized by order of the general, to enal)le him, if necessary, to pass the Bra- 
zos at any moment, and was detained with a guard on board. She remained 
there for a number of days. The general had taken every precaution possible 
to prevent the enemy from passing the Brazos below. He had ordered every 
craft to be destroyed on the river. He knew that the enemy could not have con- 
structed raits and crossed ; but, by a ruse, they obtained the only boat that was 
in that part of the country where a command was stationed. They came and 
spoke English. The boat was sent over, and the Mexicans surprised the boat- 
men and took possession of it. Tho<e on the east side of the river ntreated, 
and thus Santa Anna obtained an opportunity of transporting his artillery and 
army across the Brazos. The general anticipated that something of the kind 
must have taken place, because his intelligence from San Felipe was, that all 
was quiet there. The enemy had kept up a caniionade on the position across 



Gen. Ruslc^ Superseded as Sec. of War, in Camp. 585 

the river, where over one hundred men were stationed. The encampment on 
the Brazos was the point at which the first piece of artillery was ever received 
by the army. They were without munitions ; old horse-shoes, anri all pieces of 
iron tliat could be procured had to be cut up ; various things were to be pro- 
vided ; there were no cartridges, and but few balls. Two small six-pounders, 
presented by the magnanimity of the people of Cincinnati, and subsequently 
called the " twin sisters," were the first pieces of artillery that were used in 
Texas. From thence, the march commenced at Donoho's, three miles from 
Groce's. It had required several days to cross the Brazos with the horses and 
wagons. 

General Rusk had arrived in camp on the 4th of April. He was then Secre- 
tary of War — Colonel Rusk — and as a friend of the Commander-in-chief, he was 
received. He was superseded, and Mr. Thomas was acting Secretary of War. 
He remained with the army. The Commander-in-chief camped three miles 
from the Brazos timber, and with unusual vigilance preserved the forces together, 
only a few deserting. They were then east of the Brazos, and the settlements 
were east of them. He remained only that night. The road from San Felipe, 
situated below the army on the Brazos, led to eastern Texas or the Sabine. 
The road to Harrisburg crossed it at right angles going south. The general 
had provided a guide acquainted with the country, as it was a portion in which 
he had never been. The morning came. Arrangements were made early. 
Some embarrassments arose for want of animals for artillery ; but soon they 
were in readiness, and as the troops filed out in the direction of Harrisburg, 
without an intimation being given to any one, two companies that had been 
stationed at San Felipe, and below that, on the Brazos, and ordered to concen- 
trate at Donoho's, arrived. The officers were sullen and refractory ; they had 
" not eaten." Some conversation took place. They asked if no fighting was to 
be done. They were told fighting was to be done ; they need not be uneasy 
about that ; the enemy have crossed below. At that moment a negro came up 
and said he had been made a prisoner by the enemy and was released, and an- 
nounced the fact that Santa Anna had crossed the Brazos and was marching 
to Harrisburg. These companies were ordered into line. One of them obeyed ; 
the other objected to going, as they had had no refreshments. The whole 
management, and the entire responsibility of every movement at that time, de- 
volved upon the general. He told the refractory captain, whom he had known 
for many years, to march directly to the Trinity and protect the women and 
children if the Indians should prove turbulent ; and, at all events, to kill beef for 
them, and see that their supplies were sufficient. The general acted upon no 
orders given to him during the campaign; but assumed the sole responsibility 
of all his acts. 

The march to Harrisburg was effected through the greatest possible difficul- 
ties. The prairies were quagmired. The contents of the wagons had to be 
carried across the bogs, and the empty wagons had to be assisted in aid of the 
horses. No less than eight impediments in one day had to be overcome in that 
way. Notwithstandmg that, the remarkable success of the march brought the 
army in a little time to Harrisburg, opposite which it halted. Deaf Smith, 
known as such — his proper name was Erasmus Smith — had gone over by rafts 
with other spies, and, after crossing, arrested two couriers and brought them 
into camp. Upon them was found a buckskin wallet, containing dispatches of 



586 Houston! 8 Literary Remains. 

General Filosola to General Santa Anna, as well as from Mexico, and thereby 
we were satisfied that Santa Anna had marched to San Jacinto with the elite of 
his army, and we resolved to push on. Orders were given by the general im- 
mediately to prepare rations for three days, and to be at an early hour in readi- 
ness to cross the bayou. The next morning we find that the Commander-in- 
chief addressed a note in pencil to Colonel Henry Raguet, of Nacogdoches, in 
these words : 

"Camp at Harrisburg, April 19, 1836. 
" 5/>-.-— This morning we are in preparation to meet Santa Anna. It is the 
only chance of saving Texas. From time to time I have looked for reinforce- 
ments in vain. The convention adjourning to Harrisburg sir^ick. panic through- 
out the country. Texas could have started at least four thousand men. We 
will only have about seven hundred to march with, besides the camp guard. 
We go to conquer. It is wisdom, growing out of necessity, to meet the enemy 
now ; every consideration enforces it. No previous occasion would justify it. 
The troops are in fine spirits, and now is the time for action." 

" We shall use our best efforts to fight the enemy to such advantage as will 
insure victory, though odds are greatly against us. I leave the result in the 
hands of a wise God, and rely upon His providence. 

" My country wiU do justice to those who serve her. The rights for which we 
fight will be secured, and Texas free." 

This letter was signed by the Commander-in-chief. 

A crossing was eftected by the evening, and the line of march was taken up. 
The force amounted to a little over seven hundred men. The camp guard re- 
mained opposite Harrisburg. The cavalry had to swim across the bayou, which 
is of considerable width and depth General Rusk remained with the army on 
the west side. The Commander-in-chief stepped into the first boat of the 
pioneers, swam his horse with the boat, and took position on the opposite side, 
where the enemy were, and continued there until the army crossed. The march 
was then taken up. A few muiutes, or perhaps an hour or so of daylight only 
remained. The troops continued to march until the men became so exhausted 
and fatigued that they were falling ag linst each other in the ranks, and some 
falling down from exhaustion. The general ordered a halt after marching a 
short distance from the road to secure a place in a chaparral. The army rested 
for perhaps two hours, when, at the tap of the drum given by the general, they 
were again on their feet, and took up the line of march for San Jacinto, for the 
purpose of cutting off Santa Anna below the junction of the San Jacinto and 
Buffalo bayou. It was necessary for Santa Anna to cross the San Jacinto to 
unite with the Mexicans in Nacogdoches county, and incite the Indians to war. 
Santa Anna had provided a boat through the instrumentality of Texans who 
had joined him, and was in readiness to cross. He had marched down to New 
Washington, some seven or eight miles below the San Jacinto, and was return- 
ing to take up his march eastward. After sunrise some time, the army having 
halted to slaughter beeves and refresh, the signal was given that our scouts had 
encountered those of the enemy ; eating was suspended, everything packed, and 
we were on the march. We marched down to the ferry of San Jacinto, and 
there halted. There was no word of the enemy. About half a mile or a mile 
up the bayou, where the timber commenced, we fell back and formed an en- 



Col. Sherman'' "i Insubordination in Advancing. 587 

campment in the timber, so as to give security from the brow of the hill, as well 
as the timber that covered it, at the same time running up the boat which he 
had provided, and securing it in the rear of our encampment. 

That was the position taken. The artillery was planted in front, for it had 
never been fired, and the enemy were really not apprised that we had a piece. 
The troops were secured so as to expose none but the few artillerists to view. 
There were but eighteen of them, and nine were assigned to each pL^ce. The 
enemy, within about three hundred yards, I think, took position with their ar- 
tillery and infantry, and opened fire from a twelve-pounder. It continued until 
evening. It did no execution, however, with the exception of one shot. Colonel 
Neill, of the artillery, was wounded, though not mortally. That was the only 
injury we sustained. At length Santa Anna ordered his infantry to advance. 
They were advancing, when our artillery was ordered to fire upon them ; but 
they being so much depressed, it passed over their heads and did no injury ; but 
they returned in such haste and confusion to their encampment that it inspirited 
our troops, and caused the welkin to ring. 

Upon our left a company of infantry was, by Santa Anna, posted in an island 
of timber, within one hundred and fifty yards of our encampment. An officer 
desired the general to let him charge, which was readily conceded. He wished 
to, and did, make the charge on horseback, though not in accordance with the 
general's opinion. It proved a failure; which will be explained hereafter. 

The enemy, after receiving some injury from the discharge of our artillery, 
fell back to the heights of San Jacinto, and commenced fortifying. 

In the evening the general ordered a reconnoitering party, under Colonel 
Sherman, to reconnoiter ; but they were ordered not to go within the fire of the 
enemy's guns, or to provoke an attack ; but if he could, by his appearance, decoy 
them into the direction of a certain island of timber, they would be received 
there by the artillery and infantry that had been ordered to be in readiness to 
march to that point. No sooner was he out of sight than a firing commenced, 
with a view, as Sherman himself declared, to bring on a general action, in vio- 
lation of the general's orders. Confusion was the result of it. Two men were 
wounded in our line. A confused retreat took place ; and the consequence was 
that two gallant men were wounded, and one subsequently died of his wounds. 
This was done in direct violation of the general's orders; for it was not his in- 
tention to bring on a general action that day. The guards that night were 
doubled. The next day, about nine o'clock, troops were discovered advancing 
along the prairie ridge, in the direction of the Mexican encampment, which 
produced some excitement. The general, not wishing the impression to be re- 
ceived that they were reinforcements, suggested that it was a ruse of the Mexi- 
cans : that they were the same troops that were seen yesterday ; that they were 
marching around the swell in the prairie for the purpose of display, because they 
•were apprehensive of an attack from the Texans. He sent out two spies 
secretly — Deaf Smith and Karnes— upon their track; with directions to report 
to him privately. They did so, and reported that the reinforcement which the 
enemy had thus received amounted to five hundred and forty. 

Things remained without any change until about twelve o'clock, when the 
general was asked to call a council of war. No council of war had ever been 
solicited before. It seemed strange to him. What indications had appeared 
he did not know. The council was called, however, consisting of six field offi- 



588 Houston's Literary Remains. 

cers and the Secretary of War. The proposition was put to the council, " Shall 
we attack the enemy in position, or receive their attack on ours?" The two 
junior officers — for such is the way of taking the sense of courts in the army — 
were in favor of attacking the enemy in position. The four seniors and the 
Secretary of War, who spoke, said that " to attack veteran troops with raw 
militia is a thing unheard of; to charge upon the enemy, without bayonets, in 
an open prairie; had never been known ; our situation is strong ; in it we can 
whip all Mexico." Understanding this as the sense of the council, the general 
dismissed them. They went to their respective places. 

In the morning the sun had risen brightly, and he determined with this omen, 
" To-day the battle shall take place." In furtherance of that, he walked to the 
bayou near where he had lain on the earth without covering, and after bathing 
his face, he sent for the Commissary-general, Colonel Forbes, and ordered him 
to procure two axes, and place them at a particular tree, which he designated 
in the margin of the timber. He sent for Deaf Smith, and told him at his peril 
not to leave the camp that day without orders ; that he would be wanted, and 
for him to select a companion in whom he had unbounded reliance. Kis orders 
were obeyed. After ihe council was dismissed the general sent for Deaf Smith 
and his comrade. Reeves, who came mounted, when he gave them the axes so 
as not to attract the attention of the troops. They placed them in their saddles, 
as Mexicans carry swords and weapons, and started briskly for the scene of 
action. The general announced to them : " You will be speedy if you return in 
time for the scenes that are to be enacted here." They executed the order, and 
when the troops with the general were within sixty yards of the enemy's front, 
when charging, Deaf Smith returned and announced that the bridge was cut 
down. It had been preconcerted to announce that the enemy had received no 
reinforcement. It was announced to the army for the first time; for the idea 
that the bridge would be cut down was never thought of by any one but the 
general himself, until he ordered it to be done, and then only known to Smith 
and his comrade. It would have made the army polemics if it had been known 
that Vince's bridge was to be destroyed, for it cut off all means of escape for 
either army. There was no alternative but victory or death. The general who 
counsels will find, that in the " multitude of counsel there is confusion." It has 
been denied that the bridge was cut down by order of the general. It was said 
to be the promptings of Deaf Smith. It has been in these latter days that these 
calumnies are circulated. I will show, I think, from very good authority, that 
it has remained uncontradicted for nearly twenty years; for here it is. It was 
announced in the official report of the battle, in which the commanding general 
says : 

" At half-past three o'clock in the evening I ordered the officers of the Texan 
army to parade their respective commands, having, in the meantime, ordered 
the bridge on the only road communicating with the Brazos, distant eight miles 
from our encampment, to be destroyed, thus cutting ofT all possibility of escape." 

" I ordered them " is the language that is used in the official report of the 
general, that has remained uncontroverted until this time. It will be discovered, 
from incontestable evidence of the most honorable and brave amongst men, 
that the individual who gave origin to this calumny, was the very identical creat- 
ure who proved recreant on the field. The Commander-in-chief, however, felt 
no disposition to censure any one. He felt that there should be an amnesty in 



Testimonies as to Slierinan\<^ In-nibordination, 589 

consideration of the glorious results of the battle. He wished not to censure 
any one, but gave all praise, and gave some too much. I ask the Secretary to 
read this letter. 

The Secretary read as follows : 

"Washington, September 17, 1841. 

" Dear Sir: — You wish to know of me, what I know of the conduct of Col- 
onel Sidney Sherman, before and after the battle of San Jacinto. On our march 
to that place. Colonel Sherman often asked me if I had heard you speak of him. 
I informed him that I had heard you speak of him, and always in the highest 
terms of praise. I thought he looked disappointed. There was mutiny and dis- 
content in the army, created, as I believed, by those who wished to put you 
down ; and I believed that Colonel Sherman was one of the most active in 
creating disturbance, as I will have occasion to show. 

"Various councils were held on the Brazos, as well as on the march to San 
Jacinto, for the purpose of opposing or destroying your authority. Colonel 
Sherman, I am satisfied, was among the most active of those who sought to de" 
stroy you. On the 20th of April, the day before the battle of San Jacinto, you 
gave Colonel Sherman orders to charge on an island of timber, on the left of the 
artillery, with two companies of his regiment, for the purpose of routing some 
Mexicans who were in the timber. He wished you to let him charge on horse- 
back, which you reluctantly granted. As he approached the enemy they fired 
and killed one horse of his command, and the whole command came galloping 
back to the camp. In the evening, when the enemy had withdrawn to where 
they fortified, at his request, you ordered Colonel Sherman to take the cavalry 
and reconnoiter the enemy, and if he could decoy the enemy's cavalry to a cer- 
tain island of timber, that the artillery and infantry should be there to sustain him, 
but by no jneans to app7-oach within gun-shot of the enemy's infantry or line. 

" I was present when you gave the orders to Colonel Sherman, and soon after 
he came to me and asked me if I would sustain him, as he had determined to 
bring on a general engagement, contrary to your orders. At the same time, the 
officer with him said he had agreed to sustain him with his command. I replied 
that I knew it was contrary to your orders to him, for I heard you give them to 
him ; but, if a general engagement was brought on, my regiment would be 
under arms, and I would support him ; for you had ordered me to have the men 
under arms. He departed, saying he would depend on me. He soon com- 
menced firing after he was out of sight of our camp ; and, as it had not been 
expected from the orders given by you to him, there was great stir in the camp. 
I started with my command, and in marching a short distance, I saw the cavalry 
returning with two wounded men. In the meantime, Colonel Wharton, from 
you, ordered me not to advance, but to wait further orders. You afterward 
ordered me, with my command, back to our camp, and showed evident dissatis- 
faction with Sherman for disobeying your orders, in attempting to bring on a 
general engagement, when you did not intend it should be done. It was then 
late in the evening of the ?oth. 

"After the arrival of General Cos' command, next morning (21st), and I 
think it was between twelve and two o'clock, I was summoned to attend a 
council of war. I attended with six other field officers, when you told us the 
object of our being called together. You asked the council 'whether we should 
attack the enemy, or reijiain in our position and [let] the enemy attack us.' 



590 Houstoii's Literary Remains. 

" The officer lowest in rank voted first, and so on, tmtil all voted. Only two 
out of the seven voted for attacking the enemy. The balance voted in favor of 
awaiting the attack upon us. They said that we had not bayonets to charge 
with, and that it was through an open prairie ; that our position was strong, 
and in it we could whip all Mexico. 

" When you received the sense of the council, you gave no opinion, but dis- 
missed the members. Soon after, I was riding out to graze my horse and take 
a lool< at the enemy. You spoke to me, and asked me my ol>ject in riding out. 
I told you, when you said, 'Do not be absent. Colonel, more than thirty minutes, 
as I will want you.' I did return in less than a half hour; you requested me to 
see my captains and men, and ascertain their feelings about fighting. I reported 
favorably, and said they were anxious to fight, or they told many lies. You 
ordered the troops to be paraded ; the second regiment, called Sherman's, as he 
was Colonel, and myself Lieutenant-Colonel. Soon after you ordered the 
parade. Colonel Sherman, in company with Colonel Burleson, came to me, and 
asked me if I intended to obey your orders, and if I did not think it would be 
better to wait until next morning, just before day, and make the attack. Sher- 
man went on to say that whatever I said should be done. 1 told him that I 
would fight, if you said so, and that I would follow you to h — 1, if you would 
lead, in defending Texas. They then left me. When Colonel Sherman and 
myself were mounted, at the head of the regiment, he asked me if I would take 
command that day, as I had some experience in fighting, and he never had been_ 
in a battle. I thanked him kindly, saying that I would do so, and after we were 
ordered to advance, he rode with me until the enemy commenced firing upon us. 
Colonel Sherman then left in great haste for a small island of timber, about 
three hundred yards distant, in the rear of our left wing, where he secured him- 
self, and remained there until the enemy had all fled. As I returned from the 
pursuit of the enemy, I met him coming up with some stragglers. 

" This statement is made principally from notes taken during the campaign, 
and from facts within my recollection, as though they had passed yesterday. I 
have forborne to state anything about Colonel Sherman's conduct in disposing 
of, and appropriating the spoils privztely to his own use ; but, should it be 
necessary at any future day to do so, I am fully prepared. 

" I am your friend, etc., Joseph L. Bennett. 

"General Sam Houston, Washington, Texas." 

Mr. Houston. Mr. President, this is one of the gentlemen who have been 
most active in contributing to the contents of this almanac, as I have been in- 
formed, and one to whom the calumny has been traced. This is not the only 
evidence that I have in relation to that gentleman ; and I will make one state- 
ment, as it is a fact that is important in relation to the calumnies to which I am 
responding: that this letter has been in the possession of Colonel Sherman 
since 1843. He was furnished with a copy of it; and, during several years of 
Colonel Bennett's life, he never called for explanation, nor did he ever confront 
Colonel Bennett when he went where he was, but slunk from his presence, and 
cowered before him. Since his decease, Sherman has been busily engaged in 
propagating every slander against the Commander-in-chief that malice could 
devise; and, though challenged and invited to publish (he letter of Colonel 
Bennett, he has thought proper to rest under all the imputations of cowardice 
heaped upon him, and finds consolation, I presume, in trying to place others in 



Testimoniefi to Houston's Strategy and Valor. 591 

his own categoiy. Now, as this comes in at this particular point, I have another 
letter that I think proper to submit. It is very short, and I asked the Secretary 
to read it. 

Tiie Secretary read it, as follows : 

" Walker County, November 2, 1857. 

"General Houston: — Seeing that you have been attacked by persons on 
pretense that they have been in the battle of San Jacinto, and wish to injure 
you by false charges, I feel it my duty to give you a statement of what I know 
to be correct. 

" I joined the army on the Colorado, and in its march to San Jacinto I joined 
Captain Hayden Arnold's compnny, of the second regiment, commanded by 
Colonel Sherman. Captain Arnold's company was the first in the regiment in 
the charge upon the enemy in battle. I was the fifth or sixth man from Colonel 
Sherman. While we were advancing upon the enemy's lines, and before any 
firing had taken place. Colonel Sherman called out in an audible voice, 'Halt.' 
At that moment Lieutenant-Colonel Bennett, who was close by, hallooed out, 
' This is no time to halt ; push on, boys, the enemy is right here in this little timber, 
push on '; and advanced in front of the command. In casting my eye on Colonel 
Bennett a moment afterward, I saw General Rusk near to him. Colonel Sher- 
man halted where he gave the order ' to halt,' and I never saw him again until 
after the battle was over. 1 then saw him coming up in the rear with some 
stragglers, at the ravine where the army halted in pursuit, and the place from 
which you ordered Captain Turner's company back to guard the spoils. 

" Your obedient servant, Philip Martin. 

" General Sam Houston, Hiiiitsville, Texas." 

Mr. Houston. This evidence, Mr. President, seems to account for the 
anxiety that Sherman entertains to place his conduct in such a light as to get 
rid of the deserved charge of cowardice, and ordering a halt before he fled from 
the field, and attach the imputation which he deserves, to the Commander-in- 
chief. This is the gratitude he returns. But, Mr. President, it is proper to re- 
mark, that previous to the order for the demolition of the bridge, and during the 
early part of the day, two officers came to the Commander-in-chief and asked 
him if it would not be well to construct a bridge across the bayou, immediately 
opposite the encampment, which was, perhaps, some seventy or a hundred yards 
wide at tide-water. The general, to get rid of them, remarked, " Is there 
material?" and told them to see. They went, and after returning, reported 
that, by demolishing Governor Zavala's house, a bridge might be constructed. 
The general observed to them, that other arrangements might suit better, and 
cast them off. So soon as the general supposed the bridge was destroyed, or 
cut down, he ordered Colonel Bennett to go around to the captains and men of 
Sherman's regiment, to see what their spirits were; whether they were cheerful, 
and whether he thought them desirous for a battle. Colonel Bennett reported 
favorably. They were ordered to parade. The plan of battle is described in 
the official report of the Commander-in-chief, to be found in Yoakum's History, 
one of the most authentic and valuable books in connection with the general 
affiiirs of Texas, that can be found ; in which nothing is stated upon individual 
responsibility ; everythmg in it is sustained by the official documents. 

With the exception of the Commander-in-chief, no gentleman in the army 
had ever been in a general action, or even witnessed one ; no one had been 



592 Houston's Literally Remains, 

drilled in a regular army, or had been accustomed to the evolutions necessary to 
the maneuvering of troops. So soon as the disposition of the troops was made, 
according to his judgment, he announced to the Secretary of War the plan of 
battle. It was concurred in instantly. The Commander-in-chief requested the 
Secretary of War to take command of the left wing, so as to possess him of the 
timber, and enable him to turn the right wing of the enemy. The General's 
plan of battle was carried out. About all the silly and scandalous charges made 
against the general, as to ordering a halt during the action, and after he was 
wounded, leaving the field, I will examine the facts, known to the army, and 
every brave man in it. I will, as authority, refer to the report of the Secretaiy 
of War, General Rusk, and see what he says in relation to that. In his report 
to the President ad interim, he says : 

" Major-General Houston acted with great gallantry, encouraging his men to 
the attack, and heroically charged, in front of the infantry, within a few yards 
of the enemy, receiving at the same time a wound in his leg." 

This is the testimony of General Rusk, in relation to one of the calumnies 
that have been brought forwnrd and paraded by the maligners of the Com-- 
mander-in-chief. Again, to show that the General was not laggard through- 
out the action, we find the attestation of as gallant a man as lives. General Ben- 
jamin McCulloch. He says : 

" At the battle of San Jacinto, I was in command of one piece of artillery. 
The fire from it opened upon the enemy about two hundred yards distant. We 
advanced after each discharge, keeping in advance of the infantry, until we were 
within less than one hundred yards of their breastworks, at which time I had 
aimed the gun, but was delayed in firing for a moment by General Houston, 
who passed across, some thirty yards in front of the gun, and was at that time 
nearly that distance in advance of every man in that part of the field. After 
this, I saw him advancing upon the enemy, at least one-third of the distance be- 
tween the two armies, in front of Colonel Burleson's regiment, when it was not 
more than seventy or eighty yards from the enemy's breastworks. About this 
time, the enemy gave way, and the route became general. 

" My recollections of the battle of San Jacinto. 

"February 28, 1858. BEN. McCULLOCH." 

Now, I merely read these documents to show the refutation which is given to 
these calumnies, and that they may become a record, and placed in the annals 
of the country while I am living, and not leave it to other hands to finish a work 
which Providence has accorded to me. I will, in concluding this point, read the 
testimony of General Rusk, to show that the Commander-in-chief remained on 
the field, and continued in pursuit of the enemy until his horse, pierced with 
five balls, fell under him. 

Extract from a letter of General Rusk to William B. Stout, relative to the 
conduct of General Houston, in the battle of San Jacinto : 

" As to the halt spoken of, I know of none ordered by General Houston, ex- 
cept at the bog, or quagmire, after the Mexicans were defeated and in full retreat. 
At that point, I met with the general for the first time after he was wounded. 
The men were entangled and in confusion ; the General ordered a halt to form 
the men."' 



Rev. Mr. Perry's Treason and Calumny. 598 

From this time no hostile gun was fired. The last detachment of the enemy 
immediately surrendered. This was not in the onset of the action ; but when it 
was over. Mr. Sherman displayed his prudence in the onset of the action, and 
secured his person beyond the reach of danger. Thus far, Mr. President, I have 
referred to documentary evidence that may be relied on, to establish the conduct 
of the general, which may be found in one of the most authentic histories of 
Texas; one written with good taste, succinct and instructing in its character, 
and giving a good idea of the object for which it was designed — Yoakum's His- 
tory of Texas. It is a work with which the Commander-in-chief had no con- 
nection, never having seen a page of it in manuscript in his life. His object has 
not been to write history, or to supervise its composition. His only object has 
been to vindicate himself against the calumnies that have been brought forward, 
and got up recently, for the purpose not only of attacking him, but assailing 
every man who was friendly to him, and that by individuals whose malignity has 
been l)itter; whose hostility to the cause of Texas, and to everything like the 
establishment of good government, has been notoiious and proverbial in Texas. 
The author of this almanac, Willard Richardson — I must immortalize him — if 
reports be true, and I have no reason to doubt them, had he been assigned to 
his proper place, would have been dignified by a penitentiary residence before 
this time, owing to the peccadilloes with which he was charged. Although they 
have been smothered and done away with, his character is not vindicated to the 
world. He still goes on from sin to sin, from abuse to slander. Sir, I have no 
disposition to animadvert more; but could the characters of these individuals, 
and the motives which prompted them, be known, it would not have been neces- 
sary for me to occupy the time of the Senate on this occasion ; or to give a 
thought to what has transpired, in relation to the Commander-in-chief of the 
army of Texas. I find, however, that bitter, that undying hostility to him, thai 
will not perish even with his life ; and I have no doubt the very creatures that 
are hunting him now, would hunt him, if they could, beyond the grave. No 
longer than last night — and I regret, exceedingly, to advert to it — I received a 
letter from a respectable gentleman in New York, containing an item that I must 
pay some attention to. I hate these trivial things ; but yet they bear an import 
with them that seems to claim my attention. He says : 

" Port Chester, Westchester County, New York, \ 

"February 24, 1859. i 

" My dear General :— Chagrined and mortified, I sit down to tell you 
of the burning disgrace that has, this evening, been given to your well-earned 
fame. Reverend James H. Perry, D.D., of New York, delivered in a lecture in 
the Methodist Episcopal Church, this evening, the most bitter remarks respect- 
ing your bravery and honor that ever passed human lips. The subject was 
' The battle of San Jacinto ; its causes and consequences.' Mr. Perry informed 
his large and intelligent audience that he was prompted by patriotic motives to 
enlist in the Texan cause; that he visited you at your camp, with letters of 
introduction, and was admitted a member of your staff. Without repeating the 
details of the battle, in which he took occasion to say that every advance move- 
ment of the army was without your consent, and only made by the wiser and 
more patriotic manifestations of the army, in which you were obliged to acqui- 
esce, he closed by a peroration that astonished and wounded every person 
38 



594 Houston^s Literary Remains. 

present. He said : ' I wish it to be understood, for I speak what I do know, 
that the battle of San Jacinto was fought, and the victory was achieved, in spite 
of General Houston, and the wreath that now encircles his brow as the hero of 
that battle has not in it one green leaf.' 

" I would not, my dear general, call your attention to this subject but for the 
reason that the details of the lecture are to be given elsewhere at the North ; 
and, being a young man at the time the battle was fought, my whole theory 
of the ' causes and consequences,' and the part taken by yourself, has been ut- 
terly destroyed, so far as the reverend doctor could do it. May I inquire if you 
remember James H. Perry as your aide-de-camp, and what the part he took in 
the battle of San Jacinto ? Your answer will not only gratify me, but hundreds 
who listened to the defamations of your honored and cherished renown. 
" I am, very sincerely, your attached friend, 

" General Sam Houston. . . " 

Now, Mr. President, for twelve years this gentleman has been sedulously en- 
gaged in defaming the character of the Commander-in-chief, or attempting to 
do it. I was apprised of it before. Gentlemen of his denomination, of high 
respectability, assured me that a stop would be put to it. I see that he has 
broken out in a fresh place. It is necessary that I should give some of my 
knowledge of his character. 

He came to the camp on the Colorado with letters of introduction from the 
President and other members of the Cabinet to the Commander-in-chief, recom- 
mending him as a graduate of West Point, or having been a student there. 
Being a good-looking gentleman, plausible in his manner, unembarrassed by dif- 
fidence, not very cultivated, still would do very well for a soldier or officer, his 
appearance being fine, the general appointed him a member of his staff. Shortly 
after, reports came on very detrimental to him. The general was not apprised 
of them, and ordered him to drill Colonel Burleson's regiment. Colonel Burleson 
objected to his drilling his regiment, for the reason that he did not consider him 
a man of good character ; that he had come to New Orleans with his wife, or 
some other woman, as was reported, and taking a free yellow girl from the 
North, he had attempted to dispose of her, as a slave, in the South, and 
some difficulties originated from the fact. His " patriotism " that he speaks 
of, which caused him to enlist in the cause of Texas, I rather suppose, from the 
influence of disagreeable circumstances, prompted Iiim to seek a refuge in 
Texas. He came there. That was the reverend gentleman. He continued 
there, in his position as staff officer, until the arrival of the army on the 
Brazos. 

An order was given by the general that no one should communicate from 
camp without the communication passing the general's eye; and whenever an 
express was to leave camp the letters were to be brought to him, so that he 
might know that nothing detrimental to the army should go out, or that any- 
thing necessary to be concealed would be disclosed to the world. An express 
was about to start. A letter of Major Perry, that then was, was brought to the 
general. It was sealed. He opened it, and found it contained the grossest def- 
amation and slander of himself; he sent for Major Perry; he gave the letter to 
the Assistant Inspector-General, and told him to read it to Major Peny ; it was 
so done. Major Perry, when asked by the Commander-in-chief what bethought 
of it, observed, it was stronger than he imagined, and may be it was wrong. He 



Slanders as to Houston's Private Habits. 595 

then said, " Go to your duty, sir ; I do not care for all the spies in the world if 
they will tell the truth." 

Perry remained in camp, still attached to the staff, and when they arrived at 
Harrisburg he passed over Buffalo bayou with the spies. On the march to San 
Jacinto he was taken under suspicious circumstances — having left the line of the 
Texans. He was taken by Captain Karnes and private Seacrist, of the spies, 
and brought to the general. They reported that he had changed his horse's 
caparison, also his musket for an escopet, and they believed he had communica- 
tion with the enemy. The general ordered him to be disarmed and sent to 
the guard fire. Karnes said, " General, are you not going to execute him ?" 
" No, Karnes," replied the general, " I have no leisure at this time to look into 
the matter." " Sir," said he, " if we had known that you would not have in- 
stantly executed him, you would never have been troubled with him ; he is a 
traitor and a spy." 

That was on the 20th. He remained under guard until the morning of the 
2ist. He sent the general a message, which is not precisely recollected. The 
general gave orders to restore his arms, giving him an opportunity to wipe off 
the stigma that he had placed upon his character, and gave him leave to go into 
the battle ; whether he did or not is not known to me. When I heard of his con- 
duct, the general might have apprehended that he would have been the first ob- 
ject for him to assassinate ; but he defies a traitor, a spy, or an assassin, if he 
can confront him. This is the Rev. James H. Perry, D.D. His letter from the 
Brazos shall be published after I return to Texas. It shall appear in the New 
York Herald. It will vindicate all I have said. 

He says, in his letter from camp, that the general was not in the habit of 
drinking ardent spirits, but was a confirmed opium-eater. I believe there never 
was one of them cured, and the general looks very little like an opium-eater. 
His correspondent was the notorious Robert Potter, of North Carolina, who was 
Secretary of the Navy in Texas. The general had no hand in making him so. 
He was the gentleman with whom the reverend doctor corresponded. He 
acknowledges himself his spy and pimp upon the general, and they were a most 
worthy pair. 

These are some of the circumstances that I have felt it my duty to state 
in vindication of the Commander-in-chief I think it is a duty that a man owes, 
after he has passed his life pretty much in the service of his country, and is about 
to retire from that service, that he should do a little redding up, and arranging 
of matters which posterity may not so well comprehend without explanation. I 
will call the attention of the honorable Senate to one fact ; and I will ask, why 
was the council called, and why was it desired ? Because the indications were 
clear that the Commander-in-chief intended that day to engage the enemy ; that 
his arrangements, though silent, indicated his purpose. There were persons 
who censured his conduct from time to time, and charged him with cowardice. 
He was charged with retreating from Gonzales, and from the Colorado, and 
under a pressure of circumstances crossing the Brazos, with a design to 
cross the Trinity, and go east. Why did they not then call a council to 
counteract his designs ? Why did they not interpose to prevent these things if 
they believed them ? No council of war was asked for until on the eve of battle, 
and the gentleman who was the first to flee from the field, and who was charged 
with appropriating the spoils privately, was most active in that council. The 



598 Housto7i's Literary Hemains. 

spoils are a matter of some import. Is it siipposable that Santa Anna, with his 
Mexican ostentation, would march at the head of the finest army ever marshaled 
in Mexico and not have with him plate and jewels becoming the condition of a 
man whose sway was absolute, and whose expectation on his return was to as- 
sume the imperial purple and the scepter of the Mexican monarchy ? What ever 
became of these spoils ? The Commander-in-chief of the Texas army decreed 
the spoils to the army. Nor did he ever receive the value of one cent. Colonel 
Sherman was appointed president of the board to manage and distribute the 
spoils to the troops. Colonel Bennett has thrown some light upon that subject, 
and had he been called on by Colonel Sherman, after he charged him with ap- 
propriating them, it appears from his letter that he could have given much 
insight into the affair. Not one dollar's v/orth of the plate was ever produced, 
but the stragglers who lagged behind had enjoyed the opportunity of concealing 
them until a better time was afforded to them to carry them away. 

They have charged the Commander-in-chief with having more troops than he 
reported. Seven hundred on the Colorado was the number, according to the 
statement of Colonel Burleson, as he supposed. The General in-chief never re- 
ported more than six hundred and thirty-two ; his efficient force never exceeded 
over seven hundred troops at any one point. At all events, such was the result 
of the campaign that all the wisdom of man could not have rendered it more 
successful and beneficial to the country. Had he been drawn into action by in- 
discretion, and the attempt to force a battle, the bridge at Vince's would not 
have been cut down, which prevented the escape of the enemy; the enemy 
would have escaped '. Santa Anna would have reached his reserve force of four 
thousand men on the Brazos. But by cutting off their retreat, by the Com- 
mander-in-chief's own design of destroying the bridge, and leading his troops 
into action at the proper time, he secured for Texas all that wisdom and valor 
could have done, whether he exercised them or not. 

The Commander-in-chief is charged with receiving orders from the Secretary 
of War to march upon Harrisburg. He never received an order from the Sec- 
retary of War. By reference to this volume, containing the historical facts, it 
will be seen that he never intimated that he would march toward the Trinity, 
but gave orders to the troops to unite at Donoho's. That indicated his design 
to advance in pursuit of the enemy to Harrisburg. He was resolved never to 
pass the Trinity ; and if he were to perish, it should be west of that boundary. 
Would he have submitted to the orders of the Secretary of War, who was sus- 
pended, or any one in his place, unless it was under the written order that would 
vindicate him to the world and to posterity ? No written order is pretended for 
anything he had done ; and the Secretary of War, acquiescing in his com- 
petency and his ability to command, never interfered with his designs in the 
smallest punctilio. 

Thus has it been, Mr. President, that I have been driven to this recourse. I 
had no design, indeed I had no wish, but to pass from public life quietly and 
without interference. I know that I have not presented the facts in that suc- 
cinct and lucid manner that I ought to have done ; yet I have presented such 
points as I think essential, though they are documentary, and more than I would 
have desired, to vindicate the Commander-in-chief in the position he has taken, 
and to show to the world that these calumnies, so recently circulated, are 
prompted by the deepest malignity, and by persons whose vices, could they be 



Houston'' s Sagacity in E'paring Santa Anna. 59V 

known, would sink them below the observation of all the virtuous and wise. This 
individual in the North who is seeking to illumine the world with his lectures, 
will find a new subject furnished him on this occasion. 

Now, Mr. President, notwithstanding the various slanders that have been cir- 
culated about the Commander-in-chief, it is somewhat strange that the only 
point about which there has been no contestation for fame and for heroic 
wreaths, is in relation to the circumstances connected with the capture of Gen- 
eral Santa Anna. When he was brought into the camp and the interview took 
place, the Commander-in-chief was lying on the ground. He did not lie as 
generals usually lie, for they have comforts. The night before the battle he had 
lain on the cold ground, without a blanket, his saddle for his pillow, with- 
out covering, in the bleak norther that blew that night. He was no better 
off after the battle. Nor had he ever had a tent or canopy over his head that he 
could claim, as General-in-chief, save the blue canopy of heaven. He had not 
one dollar in his pocket, nor a military chest, for he never received one while in 
command of the army. His personal and moral influence in the army held it 
together ; for there was no Government, and all of hope that remained was cen- 
tered in him, as the Government expressed it, for there were no other means. 
But, sir, when Santa Anna was taken and brought into camp, the general was 
dozing, after having had a sleepless night from suffering; his wound was severe. 
Lookmg up he saw Santa Anna, who announced to him in Spanish : " I am 
General Antonio Lopez de Santa Anna, President of the Republic of Mexico, 
and a prisoner at your disposition." Calmly and quietly it was received. The 
hand was waved to a box that stood by, and there Santa Anna was seated. 
After some time, with apparent emotion, but with great composure to what 1 
had expected, under the circumstances, he proposed a negotiation for his libera- 
tion. He was informed that the general had not the power ; that there was an 
organized civil government, and it must be referred to them. Santa Anna in- 
sisted upon negotiation, and expressed his great aversion to all civil government. 
The general assured him that he could not do it. He then observed to the 
general something like this : That he could afford to be generous ; that he was 
very fortunate ; born to no common destiny ; that he had conquered the Napo- 
leon of thi West, 

The Commander-in-chief adverted to his conduct at the Alamo, as well as the 
massacre of Fannin and his men at Goliad. The first he sought to justify on 
the ground that it was in accordance with the rules of war. The second he 
excused himself for, assuring the general that he was not aware of anj capitula- 
tion between General Urea and Colonel Fannin, and if he lived to regain power, 
he would make an example of Urea. 

The Commander-in-chief after awhile asked him if he wanted refreshment. 
It was ordered. He was asked if he wished his marquee, if he desired his camp 
baggage, if he wished his aide-de-camp. He expressed great pleasure at the 
proposition, but looked doul.tful as to whether it could be so. They were 
ordered. Colonel Almonte went and selected his baggage. His keys were 
never asked for; no search was made. He was treated as a guest. No indig- 
nity was offered him by the Commander-in-chief. To be sure, there was some 
turbulence of feeling in camp, but no rude manifestations. Under these cir- 
cumstances it was that Santa Anna was received. Propositions were made to 
the Commander-in-chief that he should be executed, but they were repelled in a 



598 Houstoii's Literary Memains. 

becoming manner. No one has sought to claim the honor of saving him on 
that occasion ; and did the general feel a disposition to claim any renown, dis- 
tinction, or fame, for any one act of his life, stripped of all its policy, he might 
do it for his conduct on that occasion. 

But, sir, there was reason as well as humanity for it. While Santa Anna was 
held a prisoner his friends were afraid to invade Texas, because they knew not 
at what moment it would cause his sacrifice. His enemies dared not attempt 
a combination in Mexico for invasion, for they did not know at what moment 
he would be turned loose upon them. So that it guaranteed peace to Texas so 
long as he was kept a prisoner ; and for that reason, together with reasons of 
humanity, his life was preserved. It is true, he had forfeited it to the laws of 
war. Retaliation was just ; but was it either wise, or was it humane, that he 
should have perished } 

The Commander-in-chief, on that occasion, was not aware that he had the 
approval of Holy Writ for the course he adopted — though he subsequently became 
apprised of the fact ; for we find that, after Elisha had smitten the Syrians and 
conducted them into the midst of Samaria, and had ordered their eyes to be 
opened, the King of Israel, Jehoram, said to the prophet : " My father, shall I 
smite them ? shall I smite them .'* " And he answered : " Thou shalt not smite 
them ; wouldst thou smite those whom thou hast taken captive with thy sword 
and with thy bow ? Set bread and water before them, that they may eat and 
drink, and go to their master." Sir, that sanctioned the course of the Com- 
mander-in-chief on that occasion ; and though he was not as familiar witii the 
subject as he ought to have been, yet, when apprised of it afterward, he was 
rejoiced to know that he had the authority of Holy Writ for his conduct. 

I should not have felt it necessary to reply to the attacks that have been made 
upon me, were it not that I am to leave a progeny, that might, at some future 
time, be called on to know why a response was not given to these fabrications, 
and the denial given to them. There is not one word of truth contained in all 
the calumnies in this book, or of others, except one, and that is, that the Com- 
mander-in-chief never communicated his counsel to any one. That is true, and 
it is the only truth in this or other books on the " campaign of San Jacinto." 
How could the general permit his designs to be known when mutiny and sedi- 
tion were rife in camp, and when combinations were formed to thwart every 
measure that wisdom and prudence could devise, up to the very hour that the 
troops were formed for battle ? 

The truth of history has been perverted, and the opposite has been asserted. 
Contributions of material have been made to this almanac; it was concocted 
and arranged, and then given to the world in such a shape that the dissemina- 
tion of the calumny throughout the United States must affect the individual to 
whom it was directed, and make some impression upon him, and destroy his 
reputation. 

Good reasons have actuated me on this occasion. The character of the indi- 
viduals who have propagated these slanders against the Commander-in-chief are 
such as are not known to the public at large, and might have weight in society 
that would poison the true source of history, and subserve, to some extent, their 
unworthy ends; when, if their characters were known, truth would receive no 
detriment from their statements. 

I regret, Mr. President, that I could not have prepared my matter more at 



Appeal against the Cry for ^^ Disunion.^'' 599 

leisure ; for it is but a few days past since I contemplated addressing the Senate 
on this subject. I should then have done it with more pleasure, and with less 
detention of the honorable body ; but this is the last occasion on which I ever 
expect that my voice will be heard in this Chamber ; never again shall I address 
the President of this body. 

Mr. President, in retiring from the duties which have sat lightly upon me in 
this Chamber since I have been associated with it, though changes have taken 
place, and successive gentlemen have occupied the seats in the Senate, I have 
believed, and felt it my duty, to cultivate the relations of good feeling and friend- 
ship with each and every gentleman, and I hope the same cordial respect will 
continue to obtain in this body. I know the high and important duties that de- 
volve upon Senators, and I have confidence that their attention and their great 
abilities will be called to the discharge of those duties; that they will, on great 
national subjects, harmonize so as to give vigor to, and cement our institutions ; 
and that they will keep pace in their efforts to advance the country with the 
progress that seems to invite it onward. My prayers will remain with them, 
that light, knowledge, wisdom, and patriotism may guide them, and that their 
efforts will be perpetually employed for blessings to our country ; tbat under 
their influence and their exertions the nation will be blessed, the people happy, 
and the perpetuity of the Union secured to the latest posterity. [Applause in 
the galleries.] 



ADDRESS AT THE UNION MASS MEETING, AUSTIN, TEXAS, 
ON THE 22D OF SEPTEMBER, i860. 

Ladies and Fellow-Citizens : 

1 had looked forward and with many pleasing anticipations to this occa- 
sion, as I always do to a meeting with my fellow-citizens, hoping that no 
untoward circumstance would arise to prevent my giving full utterance to 
my sentiments on the political topics of the day ; but ill-health has over- 
taken me, and I have, against the advice of my physician, arisen from a 
sick-bed to make my apology for not being able to fill my appointment ; 
but being here, I will endeavor to say a few words in behalf of the Union, 
and the necessity of union to preserve it, which I trust will not fall unheeded. 
The condition of the country is such, the dangers which beset it are so nu- 
merous, the foes of the Union so implacable and energetic, that no risk 
should be heeded by him who has a voic^ to raise in its behalf; and so long 
as I have strength to stand, I will peril even health in its cause. 

I had felt an interest in this occasion, on many accounts. It is said a 
crisis is impending. The clamor of disunion is heard in the land. The 
safety of the Government is threatened ; and it seemed to me that the time 
had come for a renewal of our vows of fidelity to the Constitution and to 
interchange, one with the other, sentiments of devotion to the whole coun- 
try. I begin to feel that the issue really is upon us, which involves the per- 
petuity of the Government which we have received from our fathers. Were 
we to fad to pay our tributes to its worth, and to enlist in its defense, we 
would be unworthy longer to enjoy it. 

It has been my misfortune to peril my all for the Union. So indissolubly 



600 JIotiston''s Literary I^emains. 

connected is my life, my history, my liopes, my fortunes, witli it, that when 
it falls, I would ask that with it might close my career, that I might not 
survive the destruction of the shrine that I had been taught to regard as 
holy and inviolate, since my boyhood. I have beheld it, the fairest fabric 
of Government God ever vouchsafed to man, more than a half century. 
May it never be my fate to stand sadly gazing on its ruins ! To be deprived 
of it, after enjoying it so long, would be a calamity, such as no people yet 
have endured. 

Upwards of forty-seven years ago, I enlisted, a mere boy, to sustain the 
National flag and in defense of a harassed frontier, now the abode of a dense 
civilization. Then disunion was never heard of, save a few discordant notes 
from the Hartford Convention. It was anathematized by every patriot in 
the land, and the concocters of the scheme were branded as traitors. The 
peril 1 then underwent, in common with my fellow-soldiers, in behalf of the 
Union, would have been in vam, unless the patriotism of the nation had 
arisen against these disturbers of the public peace. With what heart could 
these gallant men again volunteer in defense of the Union, unless the Union 
could withstand the shock of treason and overturn the traitors ? It did 
this; and when again, in 1836, I volunteered to aid in transplanting Amer- 
ican liberty to this soil, it was with the belief that the Constitution and the 
Union were to be perpetual blessings to the human race, — that the success 
of the experiment of our fathers was beyond dispute, and that whether un- 
der the banner of the Lone Star or that many-starred banner of the Union, 
I could point to the land of Washington, Jefferson, and Jackson, as the land 
blest beyond all other lands, where freedom would be eternal and Union 
unbroken. It concerns me deeply, as it does every one here, that these 
bright anticipations should be realized ; and that it should be continued 
not only the proudest nationality the world has ever produced, but the 
freest and the most perfect. I have seen it extend from the wilds of Ten- 
nessee, then a wilderness, across the Mississippi, achieve the annexation of 
Texas, scaling the Rocky Mountains in its onward march, sweeping the val- 
leys of California, and laving its pioneer footsteps in the waves of the Pa- 
cific. I have seen this mighty progress, and it still remains free and inde- 
pendent. Power, wealth, expansion, victory, have followed in its path, and 
yet the segis of the Union has been broad enough to encompass all. Is not 
this worth perpetuating } Will you exchange this for all the hazards, the 
anarchy and carnage of civil war ? Do you believe that it will be dissevered 
and no shock felt in society } You are asked to plunge into a revolution ; 
but are you told how to get out of it } Not so ; but it is to be a leap in the 
dark — a leap into an abyss, whose horrors would even fright the mad spirits 
of disunion who tempt you on. 

Our forefathers saw the danger to which freedom would be subjected, 
from the helpless condition of disunited States ; and, to "form a more per- 
fect Union," they established this Government. They saw the eflfect of 
foreign influence on rival States, the effect of dissensions at home, and to 
strengthen all and perpetuate all, to bind all together, yet leave all free, 
they gave us the Constitution and the Union. Where are the evidences 
that their patriotic labor was in vain ? Have we not emerged from an 
infant's to a giant's strength } Have not empires been added to our do- 



No Hoi ij- Ground or Memories Sacred to Disunion. 601 

main, and States been created ? All the blessings which they promised 
their posterity have been vouchsafed ; and millions now enjoy them, who 
without this Union would to-day be oppressed and down-trodden in far-off 
foreign lands ! 

What is there that is free that we have not ? Are our rights invaded and 
no Government ready to protect them ? No ! Are our institutions wrested 
from us and others foreign to our taste forced upon us? No ! Is the right 
of free speech, a free press, or free suffrage taken from us ? No ! Has our 
property been taken from us and the Government failed to interpose when 
called upon ? No, none of these ! The rights of the States and the rights 
of individuals are still maintained. We have yet the Constitution, we have 
yet a judiciary, which has never been appealed to in vain — we have yet just 
laws and officers to administer them ; and an army and navy, ready to main- 
tain any and every constitutional right of the citizen. Whence then this 
clamor about disunion .'' Whence this cry of protection to property or dis- 
union, when even the very loudest in the cry, declared under their Senato- 
rial oaths, but a few months since, that no protection was necessary ? Are 
we to sell reality for a phantom ? 

There is no longer a holy ground upon which the footsteps of the dema- 
gogue may not fall. One by one the sacred things placed by patriotic 
hands upon the altar of our liberties, have been torn down. The Declara- 
tion of our Independence is jeered at. The farewell counsels of Washington 
are derided. The charm of those historic names which make glorious our 
past has been broken, and now the Union is no longer held sacred, but 
made secondary to the success of party and the adoption of abstractions. 
We hear of secession — " peaceable secession." We are to believe that this 
people, whose progressive civilization has known no obstacles, but has 
already driven back one race and is fast Americanizing another, who 
have conquered armies and navies, — whose career has been onward and 
never has receded, be the step right or wrong, is at last quietly and 
calmly to be denationalized, to be rent into fragments, sanctioned by the 
Constitution, and there not only be none of the incidents of revolution, 
but amid peace and happiness we are to have freedom from abolition clam- 
or, security to the institution of slavery, and a career of glory under a South- 
ern Confederacy, which we can never attain in our present condition ! 
W^hcn we deny the right of a State to secede, we are pointed to the resolves 
of chivalric South Carolina and other States ; and are told, " Let them go 
out and you can not whip them back." My friends, there will be no neces- 
sity of whipping them back. They will soon whip themselves, and will not 
be worth whipping back. Deprived of the protection of the Union, of the 
aegis of the Constitution, they would soon dwindle into petty States, to be 
again rent in twain by dissensions or through the ambition of selfish chief- 
tains, and would become a prey to foreign powers. They gravely talk of 
holding treaties with Great Britain and other foreign pov/ers, and the great 
advantages which would arise to the South from separation are discussed. 
Treaties with Great Britain ! Alliance with foreign powers ! Have these 
men forgotten history.? Look at Spanish America ! Look at the condition 
of every petty State, which by alliance with Great Britain is subject to con- 
tinual aggression ! And yet, after picturing the rise and progress of Aboli- 



G02 Tloustoii's Literary Hemains. 

tionism, tracing it to the Wilberforce movement in England, and British 
influence in the North, showing that British gold has sustained and encour- 
aged Northern fanaticism, we are told to be heedless of the consequences 
of disunion, for the advantages of British alliance would far over-estimate 
the loss of the Union ! 

How would these seceding States be received by foreign powers ? If the 
question of their nationality could be settled (a difficult question, I can 
assure you, in forming treaties), what do you suppose would be stipulations 
to their recognition as powers of the earth? Is it reasonable to suppose 
that England, after starting this Abolition movement and fostering it, will 
form an alliance with the South to sustain slavery ? No ; but the stipula- 
tion to their recognition v/ill be, the abolitt07i of slavery. Sad will be the 
day for the institution of slavery, when the Union is dissolved, and with war 
at our very doors, we have to seek alliances with foreign powers. Its per- 
manency, its security, are coequal with the permanency and the security of 
the Union under the Constitution. 

When we are rent in twain, British Abolition, which in fanaticism and 
sacrificial spirit, far exceeds that of the North (for it has been willing to 
pay for its fanaticism, a thing the North never will do), will have none of 
the impediments in its path, now to be found. England will no longer fear 
the power of the mighty nation which twice has humbled her, and whose 
giant arm would, so long as we are united, be stretched forth to protect the 
weakest State, or the most obscure citizen. The State that secedes, when 
pressed by insidious arts of abolition emissaries, supported by foreign pow- 
ers, when cursed by internal disorders and insurrections, can lay no claim 
to that national flag, which when now unfurled, ensures the respect of all 
nations and strikes terror to the hearts of those who would invade our 
rights. No ! Standing armies must be kept — armies to keep down a ser- 
vile population at home, and to meet the foe which at any moment may cross 
the border, bringing in their train ruin and desolation. Do you wish to 
exchange your present peaceful condition for the day of standing armies, 
when all history has proved that a standing army in time of peace is dan- 
gerous to liberty ? Behold Cuba, with her 20,000 lazy troops, eating the 
substance of the people and ready at the beck of their masters to inflict 
some new oppression upon a helpless people; and yet, without a standing 
army, no State could maintain itself and keep down its servile population. 

It is but natural that we all should desire the defeat of the Black Repub- 
lican candidates. As Southern men, the fact that their party is based upon 
the one idea of opposition to our institutions, is enough to demand our 
efforts against them ; but we have a broader, a more national cause of op- 
position to them. Their party is sectional. It is at war with those princi- 
ples of equality and nationality upon which the Government is formed, and 
as much the foe of the Northern as of the Southern man. Its mission is to 
engender strife, to foster hatred between brethren, and to encourage the 
formation here of Southern sectional parties equally dangerous to Southern 
and Northern rights. The conservative energies of the country are called 
upon to take a stand now against the Northern sectional party, because its 
strength betokens success. Defeat and overthrow it, and the defeat and 
overthrow of Southern sectionalism is easy. 

I come not here to speak in behalf of a united South against Lincoln. 



Sectionalism not to he Met hy Sectionalism. 603 

I appeal to the nation. I ask not the defeat of sectionalism by sectional- 
ism, but by nationality. These men who talk of a united South, know well 
that it begets a united North. Talk of frightening the North into measures 
by threats of dissolving the Union ! It is child's play and folly. It is all 
the Black Republican leaders want. American blood, North nor South, 
has not yet become so ignoble as to be chilled by threats. Strife begets 
strife, threat begets threat, and taunt begets taunt, and these disunionists 
know it. American blood brooks no such restraints as these men would 
put upon it. I would blush with shame for America, if I could believe that 
one vast portion of my countrymen had sunk so low that childish threats 
would intimidate them. Go to the North, and behold the elements of a 
revolution which its great cities afford. Its thousands of wild and reckless 
young men, its floating population, ready to enter into any scheme of ad- 
venture, are fit material for demagogues to work upon. To such as these, 
to the great hive of working population, the wily orator comes to speak in 
overdrawn language of the threats and the words of derision and contempt 
of Southern men. The angry passions are roused into fury, and regardless 
of consequences they cling to their sectional leaders. As well might the 
Abolitionists expect the South to abandon slavery, through fear that the 
North would go out of the Union and leave it to itself. No, these are not 
the arguments to use. I would appeal rather to the great soul of the na- 
tion than to the passions of a section. I would say to Northern as well as 
Southern men, " Here is a party inimical to the rights of the whole country, 
such a party as Washington warned us against. Let us put it down "; and 
this is the only way it can be put down. 

The error has been that the South has met sectionalism by sectionalism. 
We want a Union basis, one broad enough to comprehend the good and 
true friends of the Constitution at the North. To hear Southern disunion- 
ists talk, you would think the majority of the Northern people were in this 
Black Republican party ; but it is not so. They are in a minority, and it 
but needs a patriotic movement like that supported by the conservatives of 
Texas, to unite the divided opposition to that party there and overthrow it. 
Why, in New York, Pennsylvania, and New Jersey alone, the conservatives 
had a majority of over 250,000 at the last Presidential election, and in the 
entire North a majority of about 270,000.* Because a minority at the North 



* In the six Northern States — New Hampshire, Connecticut, Rhode Island, Vermont, 
JIaine, and Wisconsin — where elections have been held, the Republicans have gained over 
the State elections of 1S56, 37,145. Leaving out Connecticut, where the gain is 37,715, owing 
to the fact that the Black Republicans had not organized for the State election in 1856, there 
has been a falling off. As compared with the Presidential vote of 1S56, they stand : 

1S56. i860. 

Republican 265,357 j Republican 254,875 

Opposition 1S6, 121 I Opposition 215,670 

Black Republican majority in 1856 791236 

" " " i860 39i205 

Opposition gain 40,031 

Popular vote of 1856 451,478 

" " i860 470,545 

It will thus be seen that on a gain in the popular vote of 19,067, the Black Republicans fell 
off 40,031. 



604 Houston^ Literary Itemains.. 

are inimical to us, shall we cut loose from the majority, or shall we not 
rather encourage the majority to unite and aid us? 

I came not here to vindicate candidates or denounce them. They stand 
upon their records. If they are national, approve them ; if they are sec- 
tional, condemn. Judge them by the principles they announce. Let past 
differences be forgotten in the determination to unite against sectionalism. 
I have differed with all three of the candidates ; but whenever I see a man 
at this crisis coming boldly up to the defense of the Constitution of the 
country, and ready to maintain the Union against its foes, I will not permit 
old scores to prejudice me against him. Hence I am ready to vote the 
Union ticket, and if all the candidates occupy this national ground, my 
vote may be transferred to either of them. This is the way to put Mr. Lin- 
coln down. Put him down constitutionally, by rallying the conservative 
forces and sacrificing men for the sake of principles. 

But if, through division in the ranks of those opposed to Mr. Lincoln, he 
should be elected, we have no excuse for dissolving the Union. The Union 
is worth more than Mr. Lincoln, and if the battle is to be fought for the 
Constitution, let us fight it in the Union and for the sake of the Union. 
With a majority of the people in favor of the Constitution, shall we desert 
the Government and leave it in the hands of the minority .'' A new obliga- 
tion will be imposed upon us, to guard the Constitution and to see that no 
infraction of it is attempted or permitted. If Mr. Lincoln administers the 
Government in accordance with the Constitution, our rights must be re- 
spected. If he does not, the Constitution has provided a remedy. 

No tyrant or usurper can ever invade our rights so long as we are united. 
Let Mr. Lincoln attempt it, and his party will scatter like chaff before the 
storm of popular indignation which will burst forth from one end of the 
country to the other. Secession or revolution will not be justified until 
legal and constitutional means of redress have been tried, and I can not 
believe that the time will ever come when these will prove inadequate. 

These are no new sentiments to me. I uttered them in the American 
Senate in 1856. I utter them now. I was denounced then as a traitor. 
I am denounced now. Be it so ! Men who never endured the privation, 
the toil, the peril that I have for my country, call me a traitor because I am 
willing to yield obedience to the Constitution and the constituted authori- 
ties. Let them suffer what I have for this Union, and they will feel it en- 
twining so closely around their hearts that it will be like snapping the 
cords of life to give it up. Let them learn to respect and support one Gov- 
ernment before they talk of starting another. I have been taught to be- 
lieve that plotting the destruction of the Government is treason ; but these 
gentlemen call a man a traitor because he desires to sustain the Govern- 
ment and to uphold the Constitution. 

Who are the people who call me a traitor ? Are they those who march 
under the national flag and are ready to defend it } That is my banner ! 
I raised it in Texas last summer, and when the people saw shining amid its 
stars and stripes, " The Constitution and the Union," they knew it was 
no traitorous flag. They rallied to it ; but these gentlemen stood aloof. 
I bear it still aloft ; and so long as it waves proudly o'er me, even as it has 
waved amid stormy scenes where these men were not, I can forget that I 
am called a traitor. 



Tlie '■'' Soufliern Constitutional Party'''' Inconsistent. 605 

Let those who choose, add to my watchword, " the enforcement of the 
laws." If they maintain the Constitution and the Union, the enforcement 
of the laws must follow. 

But, fellow-citizens, we have a new party in our midst. They have de- 
serted the old Democracy, and, under the lead of Mr. Yancey, have started 
what they call a Southern constitutional party. They say that they could 
not get their constitutional rights in the national Democracy ; and because 
the platform was adopted which they all indorsed and under which they all 
fought in 1856; they seceded. It will be recollected that I objected to that 
platform in 1S56 ; but I was declared to be wrong. They all denounced me 
then ; but no.v they suddenly see that the platform won't do, and they secede 
to get their constitutional rights. They are the keepers of the Constitu- 
tion ; they don't want anything but the Constitution, and they won't have 
anything but the Constitution. They have studied it so profoundly that 
they claim to knov/ better what it means than the men who made it. They 
have nominated Southern constitutional candidates, and have men travel- 
ing about the country expounding the Constitution ; and yet there is scarcely 
one of them but will tell you that, notwithstanding the fact that Mr. Lin- 
coln may be elected in the mode pointed out by the Constitution and by a 
constitutional majority, they will not submit. You hear it from the stump, 
you read it in their papers and in their resolutions, that if Mr. Lincoln is 
elected the Union is to be dissolved. Here is a constitutional party that 
intends to violate the Constitution because a man is constitutionally elected 
President. Here is a constitutional party that proclaims it treasonable for 
a man to uphold the Constitution. If the people constitutionally elect a 
President, is the minority to resist him .'' Do they intend to carry that 
principle into their new Southern Confederacy .'' If they do, we can readily 
conceive how long it will last. They deem it patriotism now to overturn 
the Government. Let them succeed, and in that class of patriots they will 
be able to outrival Mexico. 

But who are the teachers of this new-fangled Southern constitutional 
Democracy } Are they not men like Yancey and Wigfall, who have been 
always regarded as beyond the pale of national Democracy ? Transplants 
from the South Carolina nursery of disunion. Whenever and wherever 
the spirit of nullification and disunion has shown itself, they and their coad- 
jutors have been found zealously at work. They have been defeated time 
and again ; but like men who have a purpose, they have not ceased their 
efforts. No sacrifice of pride or dignity has been deemed too great if it 
assisted in the great purpose of disunion. What if they assailed the Com- 
promise of 1850. They indorsed it in the platform of 1852. From non- 
intervention they turn to intervention ! From the peculiar advocates of 
State Rights, denying the jurisdiction of the Supreme Court, they become 
the advocates of the Supreme Court as an arbiter, and shout for the Dred 
Scott decision. Anything for disunion ! They can as readily dissolve the 
Union upon one issue as another. At the Nashville Convention they deter- 
mined to dissolve it unless the Missouri Compromise line was extended to 
the Pacific. In 1854 they deemed the existence of this line a cause of 
separation, and demanded its repeal. The admission of Kansas was the 
next ultimatum, and now it is the election of Mr. Lincoln. Should they 



606 Houston^s Literary Remains. 

fail, it will then be the adoption of the Slave Code and the repeal of the 
laws making the Slave Trade piracy. 

These men of convenient politics intend to hang the peaceable and law- 
loving citizens of the country if they take office under Lincoln. You are to 
have no postmasters, no mails, no protection from the United States army, 
no officers of the Government in your midst, for fear of these Southern 
constitutional Democrats. One of them. Col. Wigfall, your illustrious 
Senator, said upon the northern line of Virginia some tinie since, that if 
Lincoln was elected I would be one of the men who would take office, and 
have to leave Texas to keep from being " tarred and feathered." And this 
is the kind of talk by which men are to be driven into resisting the consti- 
tuted authorities, and yielding their liberties into the hands of these South- 
ern constitutional Democrats. Now let me ask whether the most humble 
citizen, who deems it his duty to obey the laws, has not an equal claim to 
consideration with these men ? Whenever the time comes that respect for 
the Constitution of our fathers leads to the scaffold or the block, he who 
falls a martyr in its defense will have a prouder fate than those who survive 
its destruction to share the ruin that will follow. 

What do these men propose to give you in exchange for this Govern- 
ment ? All are ready to admit their ability to pull down, but can they 
build up? I have read of the glory of a Southern Confederacy, and seen 
the schemes of rash enthusiasts ; but no rational basis has been presented — 
none that would sustain a government six months. They take it for granted 
that because the Union has self-sustaining powers, they need but call a 
Southern Convention, secede, set up for themselves, and all will go on 
smoothly. But where are their Washingtons, their Jeffersons, and Madi- 
sons .-^ Where is the spirit of sacrifice and patriotism which brought the 
Union into existence, and maintained it amid privatio"! and danger.? Look 
at the men who are crying out disunion, and then ask yourselves whethei 
they are the men you would choose to create a new government } Do they 
combine that wisdom, prudence, and patriotism which would inspire you 
with confidence and lead you to trust the destinies of a nation in their 
hands ? Where are the proofs of their patriotism } Point to one of them, 
leading this secession movement, who has ever raised his arm or bared his 
bosom to the foe, in defense of the honor of his country, save Jefferson 
Davis ; and even he, whose chivalrous bearing in battle, does not excuse 
trifling with the safety of the Union, is thrown in the background by the 
impetuous Yancey, Wigfall, Keitt, and Rhett. 

If the wisdom of the past century combined has not sufficed to perfect 
this Government, what hope can we have for another ? You realize the 
blessings you have : give them up and all is uncertainty. Will you have 
more protection to your property — more rights, and have them better pro- 
tected ? We now have all that we ever could have under any government, 
and notwithstanding all the complaints we hear, they are as perfect as at 
any time since the formation of the Government. Because we carry the 
question of niggerism into national politics, and it engenders bad feeling, 
it is no reason for believing that our rights are invaded. We still have the 
institution of slavery. All the legislation on the subject for the past twenty 
years has been to secure it to us, so long as we may want it. It is our own, 



Tlie People's Misfortunes made Political Capital. 607 

and the North has nothing to do with it. The North does not want it, and 
we have nothing to do with that. Their customs are their own. They are 
guaranteed to them just as ours are to us. We have the right to abolish 
slavery — they have the right to establish it. It is our interest to have it. 
Climate, soil, association — all make the institution peculiarly suited to us. 
If it were to their interest, the people of the North would have it. Even in 
Massachusetts, as I told them a few years since in Boston, they would have 
it yet, but for the fact that it would not pay. Now, when the " cotton 
States " are " precipitated into a revolution," and the Southern Confederacy 
is formed, is the idea of State Rights to be maintained, or is there to be a 
centralized government, forbidding the States to change their institutions, 
and giving peculiar privileges to classes ? I warn the people to look well 
to the future. Among the unsatisfied and corrupt politicians of the day, 
there are many who long for title and power. There are wealthy knaves 
who are tired of our simple republican manners; and they have pliant tools 
to work upon in the forum and with the pen. So long as the Union lasts, 
the masses need not fear them — when it falls, aristocracy will rear its head. 

Whenever an encroachment is made upon our constitutional rights, I 
am ready to peril my life to resist it ; but let us first use constitutional 
means. Let us resist, as our fathers did, with right on our side. They 
exhausted all legal means of remedy first. When submission to tyranny or 
revolution was all that was left them, they tried revolution. It was the 
same in Texas. The people fought to uphold the Constitution of 1824. 
When it was again violated, they sent petitions to the Central Government. 
Their agent was imprisoned, and an army was sent to disarm them. Then 
they raised the standard of revolution. In the share I have borne in these 
things I claim nothing more than the right to love my country in propor- 
tion as I have done my duty to it; but I may ask, what higher claim have 
these men, who would inaugurate revolutions before their time .'' 

My weak condition warns me against giving vent to feelings which will 
come up when I behold the efforts of whipsters and demagogues to mislead 
the people. Here in Texas they convert the misfortunes of the people into 
political capital. Property has been burned in some instances, and here 
and there a case of insubordination has been found among the negroes. 
Occasionally a scoundrel has attempted to run a negro off to sell him ; and 
all these things are charged to abolitionism. Terrible stories are put afloat 
of arms discovered, your capitol in flames, kegs of powder found under 
houses, thousands of negroes engaged in insurrectionary plots, wells poi- 
soned, and hundreds of bottles of strychnine found. Town after town has 
been reported in ashes, and by the time the report has been found to be 
false, some new story to keep up the public excitement has been invented. 
The people of the South have been filled with horror by these accounts, 
and instead of Texas being looked upon as the most inviting spot on earth, 
they turn from it as from a land accursed. Who will buy land here, so 
long as these things continue ? What Southern planter will emigrate with 
his slaves to such a country ? If there was a cause for it, we could bear 
it without a murmur ; but there has been no cause for the present state of 
feeling. We all know how every occurrence has been magnified by the 
disunion press and leaders and scattered abroad, and for no other purpose 



608 Hoiiston^s Literary Remains. 

than to arouse the passions of the people and drive them into the Southern 
Disunion movement ; for if you can make the people believe that the ter- 
rible accounts of abolition plots here are true, they will be ready for any- 
thing, sooner than suffer their continuance. Who are the men that are cir- 
culating these reports, and taking the lead in throwing the country into 
confusion ? Are they the strong slave-holders of the country ? No ; 
examine the matter and it will be found that by far the large majority of 
them never owned a negro, and never will own one. I know some of them 
who are making the most fuss, who would not make good negroes if they 
were blacked. And these are the men who are carrying on practical aboli- 
tionism, by taking up planters' negroes and hanging them. They are the 
gentlemen who belong to the duelling family that don't fight with knives, 
but choose something that can be dodged. Some of them deserve a worse 
fate than Senator Wigfall would visit on me ; and, sooner or later, when 
the people find out their schemes, they will get it. Texas can not afford to 
be ruined by such men. Even the fact that they belong to the Simon Pure 
Constitutional Democracy will not save them. 

I look around me and behold men of all parties. I appeal to you, old 
line Whigs, who stood by him of the lion heart and unbending crest, gal- 
lant Henry Clay. I ask you, did you ever hear from his lips a word dis- 
loyal to the Constitution and the Union } Did he ever counsel resistance 
to the laws .'* Gallantly he led you on, inspired you with devotion to his 
fortunes and principles. When defeat overwhelmed you and him, did he 
ever seek to plunge the country into a revolution } In all that glorious 
career did Henry Clay ever utter a word of treason.? No! There was a 
broad spirit of nationality pervading his life. While unbending, so far as 
his political views were concerned, there was a conservatism in his character 
which elevated his patriotism above considerations of party and made him 
a man for the whole country. You may say I was opposed to Clay while 
he lived. True, I was on questions of ordinary politics ; but the barriers of 
party never divided us when the good of the country was at stake. There 
were national issues when his great mind bent all its energies for but 
one end, and that the glory and perpetuity of the Union. There were 
corr^mon sentiments, which had come down from the patriots of the 
revolution and the founders of our Government, to which he and I could 
subscribe. Whenever these were at issue, 1 beheld him the champion of 
the Union driving back its foes by the power of his eloquence. Would that 
the tones of that voice of his could once more fall upon the ear of the people 
and thrill the national heart. Treason, secession, and disunion would hide 
themselves as of yore. He was the Ajax whose battle-axe glistened aloft 
in the thickest of the fight for the compromise of 1850. Whenever we saw 
his helmet plumes proudly waving, we knew that the battle was going well. 
Old Whigs recollect who were his foemen then ! Behold them now swelling 
the ranks of disunion ! With the memory of your gallant leader before 
you, will you go with them } I stood with Clay against Yancey and his co- 
adjutors. The same illustrious Wigfall, who now denounces me as a traitor 
upon my native soil, then proclaimed Houston and Rusk as traitors for 
their support of that measure. But the people condemned them, just as 
they will condemn them now. The conservatism of the land rose against 



Appeal to Old Whigs and Democrats. 609 

them just as it is rising now. They were rebuked, and the country had 
peace until the Nebraska and Kansas bill came — that charmer, which was to 
bring peace, security, and power to the South. Scarce a ripple was seen 
on the popular current when it came. 1 saw the storm gathering as it 
passed and strove to arrest it. Would that I could have been successful; 
but yet you cast me off. I do not taunt you with the results. My last pre- 
diction has been fulfilled. It has broken up the party. Those who de- 
nounced me as a traitor for voting against it, were the first to deny the 
bargain they had made and to break with their Northern friends in refer- 
ence to its construction, when its construction was as well known at the 
time of its passage as then. I proclaimed my opposition to it on account 
of the power it conferred on the Territories. And yet the men who then 
denounced me, now denounce their Northern friends for holding them to 
the bargain. They denounced me for voting with the Abolitionists ; but 
it was forgotten that the illustrious men of the South stood side by side 
with Seward, Hale, Giddings, and the rest, against Henry Clay, in the battle 
for the compromise. I saw then how extremes could meet. Their affilia- 
tions were so close that I was reminded of the Siamese twins ; and yet they 
were never branded as traitors. 

I have appealed to the old Whigs. Let me now invoke the shade of 
Andrew Jackson and ask Democrats whether the doctrines which in these 
latter days are called Southern Constitutional Democracy, were democracy 
then ? Men of 1832, when flashed that eagle eye so bright, when more 
proudly stood that form that never quailed, as when repelling the shock of 
disunion } Jackson was the embodiment of Democracy then. He came 
forth in the name of the people and fought these heresies which are now 
proclaimed here as democracy. Democrats, you remember! Whigs, you 
remember! how Clay and Webster aided Jackson to put down nullification 
and secession ! Will you stand back now, when both are openly avowed 
by sectionalists North and South ? 

I invoke the illustrious name of Jackson and bid you not prove recreant 
to his memory. To those who plot the ruin of their country. North or 
South, that name brings no pleasant remembrances ; but to the national 
men of long service, to the young men who have been reared to love that 
name, I appeal. The same issue is upon you that was upon him. He stood 
with the Constitution at his back and defied disunion. Let the people say 
to these abolition agitators of the North, and to the disunion agitators of 
the South, "You can not dissolve this Union. We will put you both down ; 
but we will not let the Union go ! " 

Now, mark me, I do not call all those Democrats who are in the ranks of 
this Southern Constitutional party. I do not proclaim their candidates to 
be disunionists. You have their records and present declarations, and can 
judge for yourselves. There are good and loyal men to be found in this 
party, and I would not charge them wrongly. 

No, my fellow-citizens, 1 do not say that all these Southern Constitutional 
Democrats are disunionists ; but I do say, that all the Southern disunionists 
are Southern Constitutional Democrats. 

I can speak but little longer ; but let my last words be remembered by 
39 



610 Houston's Literary Remains. 

you. When I look back and remember the names which are canonized as the 
tutelar saints of liberty, and the warnings they have given you against dis- 
union, I can not believe that you will be led astray. I can not be long 
among you. My sands of life are fast running out. As the glass becomes 
exhausted, if I can feel that I leave my country prosperous and united, I 
shall die content. To leave men with whom I have mingled in troublous 
times, and whom I have learned to love as brothers — to leave the children 
of those whom I have seen pass away, after lives of devotion to the Union — 
to leave the people who have borne me up and sustained me — to leave my 
country, and not feel that the liberty and happiness I have enjoyed would 
still be theirs, would be the worst pang of death. I am to leave children 
among you to share the fate of your children. Think you I feel no interest 
in the future for their sakes ? We are passing away. They must encounter 
the evils that are to come. In the far distant future, the generations that 
spring from our loins are to venture in the path of glory and honor. If 
untrammeled, who can tell the mighty progress they will make .'' If cast 
adrift — if the calamitous curse of disunion is inflicted upon them, who can 
picture their misfortunes and shame ? 



PART V. 

LAST STATE PAPERS AS GOVERNOR OF TEXAS. 



MESSAGE TO THE LEGISLATURE OF TEXAS. 

Austin, January 13, i860. 
Gentlemen of the Senate and House of Representatives : 

A PRESS of public business, which has not allowed time for the preparation 
of this communication, has prevented me from presenting at an earlier 
period, to the Representatives of the people, that information respecting the 
condition of our State affairs and the policy which will actuate my administra- 
tion, expected at my hands. 

In the short period which has elapsed since my inauguration it is not to be 
supposed that I have been able to obtain a critical knowledge of the workings 
of the different departments of government, so as to recommend such modi- 
fications and improvements as may be necessary to effect the purposes of 
economy and reform, and I can therefore but commend the application of those 
principles, which should extend to and influence all the avenues of government, 
affecting the discharge of official duty, of whatever grade, and controlling the 
operations of government, legislative and administrative. 

The office of the Executive falls into my hands at a peculiar period in our 
history as a State. Contemplating alone the vastness of its extent, the diversi- 
fied interests of its people, and the character of its resources, yet undeveloped, 
there is enough to demand continued labor and attention, in order to apply the 
benefits of government with sound discretion, and a proper regard to the rela- 
tive demands of each interest ; but apart from these, a considerable portion of 
our State bordering on the Rio Grande River is in a state of tumult and war, 
our frontier is unprotected and harassed by Indians, and our Treasury, which 
we have hitherto regarded as of exhaustless capacity, considering the probable 
expenses of government, is without a dollar subject to appropriation, beyond the 
amount necessary to defray the current expenses of government for the present 
year. 

Difficulties like these impelled immediate action. The pes.ce and security of 
the State being a paramount object, my attention has first been directed toward 
quieting the disorders upon the Rio Grande, and providing for the defense of 
our settlements against Indian depredations. With a due regard for the dig- 
nity of the State, should be united a desire to maintain peace within our limits. 
The bloodshed, the ravages, the desolation of an intestine war are to be con- 
sidered; nor should we lose sight of the immense cost of prosecuting it. If, by 
the use of those means known to humanity and the laws of nations, such dis- 
turbances can be quelled, all the considerations mentioned demand their exer- 
cise. 

Possessed of no information going to show the cause of the disorders existing 



612 Houston'' s Literarjj Remains. 

upon the Rio Grande, the Executive could but act upon the fact of their exist- 
ence ; and accordingly on the 28th of December I issued a proclamation, which 
was printed in the English and Spanish languages, for circulation in that 
region ; and a copy of the same is herewith submitted. This course is not only 
justified by precedent, but it is founded upon the princi])les of justice and hu- 
manity. Without assuming to know the origin of the disorders, it warns the 
offenders against the law of consequences of further rebellion, and exhorts a re- 
turn to duty. If productive of the desired end, the saving of blood and treasure 
which would accrue would be considerations which should far outweigh the 
prom])tings of revenge, or the appeals of hostility against a race already degen- 
erate from oppression. If such means fail, the law must be vindicated, and the 
offenders taught subordination by force. 

The first official information received by the Executive from the seat of these 
disorders was the communication of Capt. W. G. Tobine, herewith submitted, 
bearing date at Ramireno, near Brownsville, December 16, 1859, and received 
by hands of Capt. A. C. Hill. I was gratified to learn from that dispatch that 
the Federal Government had interposed to restore order in that region, and 
that Major Hientzleman, an officer of discretion and valor, had assumed the 
control of military operations. Whatever complaints may be made against the 
Federal Government on account of the removal of the troops from that portion 
of our border, its promptitude in affording relief at this time is deserving of con- 
sideration. Satisfied from the report of Capt. Tobin that a sufficient force was 
on the spot to quell the disturbance, and that the Federal arm would be still 
further extended at the call of its officer commanding the troops there, I dis- 
patched Capt. Hill with an escort of twenty men, with instructions to Major 
John S. Ford, acting as commander of the Texas forces, by virtue of an order 
from my predecessor. In that communication I stated that, " as the manage- 
ment of military operations has been assigned by the Federal Government to its 
officers, if troops are desired from Texas, it is proper that a requisition should 
be made by an officer of the Federal Government in command of the United 
States forces at that station." Should such a requisition be made, I am satis- 
fied that citizen soldiery of the country will respond with alacrity to the call. 

On the loth of January the report of Major John S. Ford was received, dated 
at Ringgold barracks, December 29, 1859, giving an account of the engagement 
at Rio Grande City, in which the followers of Cortinas were completely routed 
and dispersed. The entire forces on this occasion were under the command of 
Major Hientzleman, to whom great credit is given for the disposition made of 
the troops. Our rangers behaved on this occasion, as on the former occasion, 
with that bravery which is a part of the Texan character, and the Federal 
troops likewise acted with great gallantry. So signal was the rout of the oppos- 
ing forces that 1 think their uniting again is improbable. The report of Major 
Ford is herewith submitted. 

On the nth inst. I received dispatches from Major Wm. G. Tobin, dated 
Ringgold barracks, January 3d, i860, showing the organization of the Texas 
forces, and the result of the elections held accordingly ; also a letter from Major 
Hientzleman, in reply to Major Tobin, in which it is shown that in the opinion 
of that officer the forces of Cortinas " entirely dispersed," and that a force of the 
United States troops were on the march. All of these documents are respect- 
fully submitted. 



Mexican and Texan Border Disorders, 613 

I have every reason to hope that ere this time the disorders have been 
quelled, and that the emergency which has called our citizens from their homes 
no longer exists. 

Unable to form any correct conclusion as to the origin of these disorder.-, it 
has been impossible for me to lay before your honorable body the information 
which would otherwise be expected at my hands. Not only the Legislature, 
but the people of our entire State, on whom may fall the burthen of taxation to 
meet the cost of sustaining troops in the field, have a riglit to know the entire 
facts connected with the disturbance. If the causes are local in their nature, as 
I have supposed, or if a premeditated invasion was contemplated, it is equally 
important for our peace and safety that the truth should be placed before the 
country. Actuated by this motive, I determined to send commissioners with- 
out delay to Brownsville, and accordingly, on the 2d of January, Messrs. Angel 
Navarro, of Be.xar, and Robert H. Taylor, of Fannin County, were commissioned 
for that purpose, and proceeded at once on their mission. These gentlemen 
both possess a knowledge of the Spanish language, and represent different sec- 
tions of the State. From the tenor of their instructions, herewith submitted, it 
will be seen that all necessary discretion is given to them with reference to the 
State troops in that vicinity. •* If, after a conference with the Federal officer 
commanding, their services are deemed necessary, as soon as their report 
reaches the Executive it will be submitted to the Legislature for its considera- 
tion. 

In whatever light we may view these disorders upon the Rio Grande, they 
may readily be traced to the insecure condition of our border arising from the 
withdrawal of the Federal troops. Mexico is in a continued state of anarchy ; 
her population feel none of the influences of a stable government. Lawless 
chieftains plunder them with impunity, and light the torch of civil war at 
pleasure. Riot, murder, and revolution reign above law and order. Separated 
from Mexico as we are by a narrow river alone, and a continual intercourse 
going on between its people and ours, it is but natural that the unhappy influ- 
ences of her condition should extend to our border. To prevent these influences 
operating upon the turbulent portion of our own population, as well as to check 
any effort on the part of the citizens of Mexico to aid them in setting the laws at 
defiance, the presi;nce of the Federal troops is absolutely necessary ; and in my 
opinion the disturbances may be attributed to the insecurity arising from their 
removal, which left no check against the influences of civil war in Mexico. I 
have full confidence that the Federal Government will not only guard against 
such exigencies in the future, but will, as it should, recognize as valid the acts 
of its military officer on the Rio Grande in assuming the control of our State 
troops, and reimburse Texas for the cost of pay and subsistence. 

Notwithstanding the fact that no appropriation had been made by the 
Legislature to provide for the defense of our frontier, and the condition of 
the Treasury warranted but little hope of relief from that quarter, I could 
not disregard the claims of our frontier citizens to protection from maraud- 
ing bands of Indians which infest our border, and accordingly at once took 
steps to call into the field a sufficient force to meet the present emergency. 
By virtue of the constitutional power vested in the Executive to resist inva- 
sion, I felt fully authorized to pursue this course, believing that the Legis- 
lature would provide the means of pay and subsisLence for the troops. 



614 Houstoii's Literary He mains. 

Instructions have been issued to Captains W. C. Dalrymple, Ed. Burleson, 
and John H. Connor, to raise each sixty men for immediate service. Since 
the initiative steps to effect this purpose were taken, the bill entitled " An 
act for the protection of the frontier," came into my hands. Inasmuch as 
the Legislature has thrown upon the Executive the entire responsibility of 
defending the frontier, it is but just to him and to the people of the State, 
that the Legislature should provide him with the means of meeting that 
responsibility, as the exigency before him requires. The bill in question 
but affirms a constitutional power already existing in the Executive. It 
provides the manner in which the troops shall be organized, and the rates 
at which they shall be paid ; but the money by which they are to be paid and 
sustained in the field is unprovided for. Without a dollar at his command, 
it is impossible for the Executive to sustain rangers on the frontier, or 
accomplish much for the defense of the State ; and although numbers of 
our citizens are ready to go to the scene of danger, relying upon the justice 
of the State to pay them for their services, yet they can not be expected to 
enter upon the dangerous service before them without necessary subsist- 
ence. The Executive is determined to use all the constitutional means in 
his power to give security to our border. 

He will endeavor to send to the frontier efficient and reliable protection, 
and will call into the field no more men than appears absolutely necessary ; 
but beyond this he has no power. The Legislature can alone provide and 
appropriate the money. 

Our frontier people have long been harassed by Indians. They have been 
compelled, from time to time, to leave their homes in pursuit of them, to 
punish their aggressions, and recover property stolen. A feeling of insecu- 
rity exists which nothing but an active force, continually on the alert, can 
dispel. Scattered along the border, they are unable to get together in suf- 
ficient numbers to punish the enemy, without endangering their firesides. 
I have therefore determined to send them protection from the interior. If 
an emergency arise, or the Indians appear in force, they may then be 
called into service as minute men, without leaving their families long 
unprotected. 

The defense of our settlements properly belongs to the Federal Govern- 
ment, and it is only in cases where protection is not extended by it, that we 
may resort to our own means of defense. It has been my belief for years that 
mounted rangers are the only species of troops calculated to afford efficient 
protection against roving bands of Indians. Thus far the Federal Govern- 
ment has not acted upon such a policy as respects our frontier. I shall at 
an early period urge upon the President of the United States, and the War 
Department, the necessity for such a force, as well as the propriety of mus- 
tering into the service of the United States the troops now being raised for 
the protection of our frontier. 

I shall also urge upon the proper department, the importance of author- 
izing a treaty with all the Indian tribes on our border, and the payment of 
annuities directly to them, through a Texas agency, instead of by way of 
Arkansas as at present. The fact that these tribes respect the laws of 
Arkansas, and the civilized nations of Indians, and that no depredations 
are committed on that frontier, but altogether upon that of Texas, is a suf- 



Condition of the Texas State TreaHury. 615 

ficient reason for believing that a change of policy in this respect would be 
beneficial. ' 

In view of the continued depredations upon our frontier and the insecu- 
rity arising from the anarchical condition of Mexico, I shall take immediate 
steps for the organization of the militia, in accordance with the act of April 
21, 1846. As our settlements widen, and the people of the interior become 
strangers to the incidents of border life, the use of arms and the knowledge 
of all that pertains to military duties, will not be kept up to that degree 
which will insure efficiency in the hour of danger. Military discipline is an 
important item in the education of a free people. Familiar with the use of 
arms, they can be made available at any moment to repel invasion or crush 
rebellion. I would commend to your honorable body, the propriety of mak- 
ing such appropriation as will be necessary to put our militia system into 
operation. 

The Report of the State Comptroller, already laid before the Legislature, 
shows that we have very little to congratulate ourselves upon, on account 
of the condition of the Treasury. There remained in the Treasury at the 
expiration of the last fiscal year, ending on the 31st of August, 1859, the 
sum of $411,402.69, in U. S. bonds and specie. 

The $2,ooc,ooo set apart for the School Fund yet remains, but the balance 
of the $5,000,000 received from the sale of our Santa Fe territory to the 
United States, is exhausted, except the amount set apart for the University 
Fund, amounting to $106,972.26, and the balance mentioned of $411,402.69 
belonging to the General Fund. Notwithstanding a continued revenue 
arising from taxation and the interest on our United States bonds, has 
flowed in a continued stream into the Treasury, the money has gone out in 
a ceaseless stream, until, instead of seeking, as has formerly been the case, 
for modes of emptying the public Treasury, we have to seek for modes of 
replenishing it. Added to the revenue of the fiscal year, the balance in 
the Treasury on the ist of August, 1859, will but little more than meet 
the ordinary expenses of Government ; and to make it do this, economy is 
necessary. 

We have a force in the field upon the Rio Grande, and the frontier is to 
be protected from the Indians. We can not expect our citizens to wait the 
delay to be experienced in our endeavors to obtain the recognition of our 
State forces by the United States. They must be provisioned and paid. 
Common justice demands that the State should recompense them, and not 
force them to wait until the General Government shall make the necessary 
appropriation. To meet these extraordinary expenditures by means most pru- 
dent, is an object which I especially enjoin on your attention. Every avenue 
of extravagance should be closed, every proper means of retrenchment 
should be adopted. The keys of the Treasury should be held with an hon- 
est grasp, and no appropriation be made which is not necessary and strictly 
in accordance with law. Every disbursing officer of the Government should 
be held to strict accountability, and no stretch of authority be permitted in 
the exercise of the power confided to him. What economy will not accom- 
plish can, in my opinion, be best supplied by taxation. Texas has learned 
some experience from going into debt, which she will do well to remember, 
and I trust she will guard against its consequences in future. 



616 Houston^ 8 Literary Remains. 

The various departments of Government should, in my opinion, be made, 
as far as possible, self-sustaining, and where it is impossible, from their nat- 
ure, to make them so, a rigid exaction of duty at the hands of all those who 
are in the employ of the Government should be required. No free Govern- 
ment can afford to establish sinecures, or to support idleness. The money 
which comes from the pockets of the people, should be economized 
for their good, and all who are the recipients of it should render a fair 
recompense of time and labor. The subjects are within the province 
of the Legislature. The Executive is powerless, and if reform is needed in 
any of these respects, it falls upon the Legislature to inquire into abuses, if 
there be any, and provide an immediate remedy. 

The deficit in the revenue of the Land Office, added to the fact that the 
business of that department does not keep pace with the demands upon it, 
furnish subjects for your consideration. 

The interests of the State demand that it should be self-supporting, and 
the interests of the people demand that its business should be brought up 
at the earliest possible period. A large force is already employed in that 
department, but the issuance of patents has been delayed, and it remains 
for the Legislature to discover whether this is to be attributed to the 
amount of labor performed by the employes of the Government, or the fact 
that the force is inadequate to the demands of business. If the latter, it is 
false economy to allow a further accumulation of business, and thus cause 
a still greater delay. The holders of our land certificates are entitled to 
their patents, and if an additional force is necessary, it should at once be 
provided. The deficit in the operations of that department, estimated for 
the present fiscal year, ending August 31, i860, at $24,000, shows the neces- 
sity of prompt legislation to bring its affairs up to a proper standard. If 
the fees paid by those who have business with that department do not 
meet its expenses, they should be increased ; if, on the other hand, the 
deficit arises from the fact that a part of the time of that department is 
occupied by business for which no fees are provided by law, those who con- 
sume the time of the employes in the transaction of their business should 
be compelled to pay for the same. In my opinion, the affairs of that office 
can best be brought to a self-supporting standard, by providing an entire 
system of fees, covering the entire ground of its operations, and providing 
at the same time for payment of its employes, wherever the same is practi- 
cable, in proportion to the labor they perform. 

I can not press too earnestly upon the Legislature the subject of common 
school education. The success of the system already in operation is estab- 
lished beyond a doubt. Its application is general, and its defects as few as 
any system which could be applied to a population as scattered as ours. 
The nucleus of a complete system exists already ; and we have in our public 
domain the means of strengthening it until its capacity will equal the 
demands made upon it as our population increases. No better use can be 
made of the proceeds of the sale of the alternate sections of land reserved to 
the State for any cause, than to apply the same to this fund. 

I would also commend to your consideration the importance of extending 
a reasonable aid to institutions of learning, now in operation in our State, 
supported by private enterprise, and encourage by a general law the estab- 



Schools and ITnioersity — State Bonds. 61*? 

lishment of others. Our citizens have already displayed much zeal and 
enterprise in rearing up in our midst institutions which are accomplishing 
great good. To sustain these is difficult, and as the benefits arising from 
these are to be felt in the general prosperity of the State, and the intelli- 
gence of its entire people, a proper encouragement at the hands of the 
Legislature should be extended. Surrounded by proper guards, a measure 
of this character would be productive of great good. 

The establishment of a university is, in my opinion, a matter alone for the 
future. At this time it is neither expedient nor is it good policy to provide for 
the sale of those lands set apart for the university fund. If at some future 
period it should be deemed expedient or in keeping with a more enlarged policy 
to devote our entire energies to a more general diffusion of knowledge than a 
university would aiTord, or even if the voice of the State should demand the es- 
tablishment of one, these lands will then provide the means of advancing the 
cause of education. When that period arrives their value will be greatly in- 
creased. If sold nov/ but little will be realized from them, and before the ex- 
piration of twenty years, the time upon which over fifty thousand acres have 
already been sold, the lands will be worth more than three-fold the amount 
they should bring now, with accumulated interest. 

So far as the one hundred thousand dollars of bonds and their interest, taken 
from the general and applied to the university fund by the last Legislature, are 
concerned, I believe the condition of the Treasury and our immediate necessi- 
ties demand that the act be repealed, and the money again placed subject to 
appropriation. We need money for the protection of our frontier, and to save 
us from taxation; more than for a fund which promises no immediate benefit. 
Our common school fund already provides for the education contemplated by 
the Constitution ; and if this amount, thus unnecessarily withdrawn from the 
general fund, will reduce the burthens of taxation, the people will be better able 
in the future to bear taxation to support a university, if one should be necessary. 

I have long regarded our present land system as defective ; and believe with 
the framers of the Constitution of the Republic, that our public domain should 
be sectionized. The Federal Government has adopted this system with refer- 
ence to its public lands; and all of the difficulties which surround our titles are 
obviated. We can not redeem the past, but we can provide for the future. If 
all of our public domain were surveyed by competent persons, who would be 
willing to take a portion of our lands as compensation for their labor, it would 
greatly facilitate the settlement of the country, and give security to our whole 
land operations. It would also furnish some data upon which to base conclu- 
sions as to the value of our lands, and if accompanied by the researches of a 
geological and agricultural bureau, would vastly tend to the development of the 
resources of our State. Our lands, if divided into sections, half and quarter 
sections, would meet a ready sale ; whereas, at present, the difficulty attending 
our land titles makes many persons loth to file their certificates, lest they may 
conflict with private locations; but if their metes and bounds were declared by 
the State none of this apprehension would exist. 

I believe that the policy of extending our frontier too rapidly has already re- 
sulted in great loss of life, owing to the sparse settlements being an easy prey 
to savages. If a base line were run at the extreme edge of our present settle- 
ments, and the territory beyond withdrawn from location and settlement, we 



618 Houston's Literary Remains. 

could then, by a liberal policy which would give an alternate quarter section of 
land to every actual settler who would reside upon and cultivate the same for 
two years, draw to our frontier a host of hardy pioneers, who would not only be 
able to resist the encroachments of the Indians, but soon acquire strength suf- 
ficient to intimidate them. If this plan were adopted, and a force of Texas 
Rangers, authorized by the United States, kept actively scouting in our terri- 
*ory be}ond the settlements, we would cease to hear of those calamities which 
now continually shock our ears Thus our frontier could be gradually extended, 
the lives of our citizens spared, and a vast amount of money necessary to pro- 
tect the present scattered settlements saved to the Treasury. The alternate 
quarter sections reserved would be increased in value from the occupancy of the 
settler, while he would be benefited by receiving the land at the bare cost of the 
fee of patenting and surveying. I believe that the policy of giving land to act- 
ual settlers is a good one, but we should at the same time endeavor to make 
our settlements compact, and should also confine our donation policy alone to 
the settler and his immediate heirs, and not extend it to his assignees. 

As one means of replenishing our exhausted Treasury I would commend the 
immediate sale of all lands which shall be found to be forfeited to the State for 
non-payment of taxes ; and such legislation should be adopted as will induce the 
purchase of these lands, and give security to the titles made to the same. A 
rigid system for the collection of taxes is necessary, so that all branches of busi- 
ness and all classes of property-holders may pay their proportion toward bear- 
ing the expenses of government. Some means should also be adopted by 
which the various assessors and collectors of the State would be able to secure 
the payment of proper taxes upon lands owned out of their respective counties. 
It is a notorious fact that but few of the lands upon which taxes are paid in 
counties distant from their location, afford the State an equitable revenue. 
While it is not fair that parties should be compelled to pay their taxes on lands 
in the counties in which the lands lie, it is no more than just that the State 
should provide some standard for their valuation, where they are not so paid. 

I can. not too earnestly press upon the Legislature the necessity for economy 
in reference to the public lands. They are now all that we may draw upon for 
the education of the people and development of our resources. Every citizen of 
Texas has an interest in the public domain, and the representatives of the people 
should regard it as their duty to refuse to squander them in profligate schemes, 
or to meet the ends of special legislation. 

The Executive would also suggest some change in the mode of collecting the 
revenue. The amount of labor required at the hands of assessors and collectors, 
when compared with the compensation they receive, is so great that but few 
men of competent business talent can be induced to accept the office. The 
Legislature should, in my opinion, so amend the revenue laws as to secure the 
services of responsible men, who can not be imposed upon. The task of visit- 
ing the domicile of every citizen in order to obtain the valuation of his property 
is arduous, and it is in but few counties that the officer is even reasonably paid 
for his labor. 

The several railroad charters passed since my induction into office have met 
my approval. The terms ^re explicit, and in accordance with the general rail- 
road law of the State. No charter will receive my assent which does not con- 
tain those proper guards against fraud, imposition, and reckless speculation 



Surveys: Railroad, River, and Geological. 619 

which are necessary at once to guard the interests of the State and the pockets 
of the people. Corporations have so often trampled upon the rights of the pri- 
vate citizen that we should be careful when we grant them privileges that we 
part with no right belonging to the people. The State has already been gen- 
erous ; and her generosity has in several cases been abused. We can yet afford 
to be generous in our railroad policy, but we should make such terms as will 
secure every interest to be affected. It will be my endeavor to exact at the 
hands of every railroad company in the State, a strict compliance with the 
terms of the charter. The benefits conferred are so great, and the terms made 
by the State so easy, that there is little room for excuse in case of a failure to 
comply with the law. 

The improvement of our rivers under the act of August i, 1856, will receive 
that attention at my hands which the importance of the subject demands. To 
many sections of the country these natural channels of transportation are of 
great utility. It will be my endeavor to employ practical men, acquainted with 
the nature of our rivers, to superintend their improvement, and report upon the 
manner in which contractors have performed their duty. 

I can see but little utility in the office of State Engineer under our present 
system of railroad and river improvements. It is impossible for one individual 
to supervise all of the works in progress in the State, In the immediate locality 
of our rivers men can be found fully competent to decide upon the proper 
method of their improvement. The railroad law already provides that the com- 
pany for whose benefit the examination is made shall pay the expenses of the 
same. The law should plainly designate what the nature of the expenses shall 
be, and the manner in which the examination shall be made, in order to prevent 
corruption ; and also establish the fees and duties of the examining board, 
which can be appointed for the time being, and thus save the State the cost ol 
a salaried officer. 

I would commend the continuance of the geological survey, and would sug- 
gest, as an auxiliary, the establishment of an agricultural bureau, with the view 
of collecting agricultural statistics, and developing our general agricultural 
interests. 

It will be necessary that the Legislature provide further prosecution of the 
boundary survey for establishing the line between the United States and Texas, 
in accordance with the act approved January 23, 1858. How far that survey 
has been prosecuted the Executive has not been able to learn. It remains for 
the Legislature to inquire into the manner in which the appropriation ot 
$20,000, made by the last Legislature, has been expended, what amount will 
still be necessary to complete the survey, and make an appropriation for the same. 

I would recommend to your consideration the propriety of changing the time 
for the meeting of the Legislature until the 15th of December, or some early 
period before the time allotted for the inauguration of Governor. Our experi- 
ence under the present arrangement has shown that but little legislation of im- 
portance is effected before the incoming of the new administration, and I 
believe the change would result in a great saving of money to the State. 

So much trouble has heretofore arisen in reference to our public printing, that 
it behooves the present Legislature to provide all necessary regulations against 
fraud and misconstruction of the laws regulating the same. The duties ot the 
public printer, like all other officers, should be plainly defined. The law should 



620 Houston^ Literary Hemains. 

provide against the latitudinous construction, by which thousands of dollars may 
be swept away from the Treasury upon a plea of custom, and explicitly declare 
that the work shall not be " leaded," but shall be " solid "; and that no unneces- 
sary blanks be allowed. The various reports of public officers printed for the 
use of the Legislature should be declared not to be part of the journal, and that 
they shall not be printed as appendices to them. The present law is defective 
in these respects, and I commend to the Legislature the propriety of amending 
it so as to meet not only these, but all other objections. 

Upon the action of the Legislature depends to a considerable extent the con- 
struction to be given to the present contract lor the public printer. It is for the 
Legislature to say, after the matter has been fully investigated, whether the 
charges made by the public printer for the past four years were correct, and in 
accordance with law. If they are not, and money has been illegally drawn 
frorn the Treasury, it is not only in accordance with justice but precedent, that 
restitution be made. 

In providing a means to disseminate the laws it seems to the Executive that a 
regard should be had to the means most likely to bring them within the reach 
of the great mass of the people. 1 do not believe that the present mode of dis- 
tributing them is calculated to accomplish this end. But few individuals get 
possession of them, and frequently long after thay have gone into effect. The 
people have a right to know the law, and the Legislature should seek that 
channel of communication which is most accessible. I believe that if a portion 
of the money now expended in printing was devoted to the publication of the 
laws in one newspaper in each county in the State, or at least one in each judi- 
cial district, the benefit to the community would be far greater than that received 
by printing them in pamphlet form alone. A much smaller number in pam- 
phlet form would then suffice, and the expense to the State would be but little, it 
any, greater. The cost of publishing the general laws in the manner men- 
tioned would be but slight, and if at the san^e time, by the distribution of the 
public funds, the entire press of the State is benefited to any extent, it is an 
object for favorable consideration. Nothing has more contributed to the pros- 
perity of Texas than the energy and perseverance of the press. It is a powerful 
auxiliary to freedom everywhere, and when actuated by that feeling of responsi- 
bility which points toward impressing the public mind, by means of correct in- 
formation, with a true sense of right, and a proper moral tone, rising above the 
bickerings of party or personal abuse, it may be relied on as one of the bulwarks 
of liberty, to be sustained and defended by every free people. 

I would suggest to the Legislature the propriety of adopting such measures 
as will urge upon Congress the justice of paying to Texas the balance now in 
the Treasury of the United States on account of our public debt. In the present 
condition of our Treasury this amount becomes important. Texas is entitled to 
it, and should receive it without delay. 

The time has again arrived when an examination of the affairs of the State 
penitentiary is called for. An investigation of its financial and sanitary condi 
tion is necessary, that the Legislature may be able to judge as to the legislation 
necessary to sustain it properly. 

The law passed by the last Legislature, which grants a preemption privilege 
for every three negroes an individual may own, is, in my opinion, based upon 



South Carolina Reh^olution^ as to Secession. 621 

erroneous ideas of the institution of slavery, calculated to create distinctions 
between rich and poor, and to confer exclusive benefits upon one class of our 
citizens at the expense of the other, and recognizes the idea that government is 
bound to make the rich richer, and the poor poorer. In the eye of the law all 
men should stand equal. To draw a distinction between those of our popula- 
tion who have not been able to acquire slaves, and those who have, is, in my 
opinion, impolitic, and I respectfully commend to the Legislature the immediate 
repeal of the law. 

I can not refrain from congratulating the Legislature upon the triumph of 
conservatism, as seen in the many evidences of the determination of the masses 
of the people of the North, to abide by the Constitution and the Union, and to 
put down the fanatical efforts of misguided abolitionists, who would endanger 
the safety of the Union to advance their vapid schemes. That their efforts will 
so operate upon the impending struggle as to stay the hand of slavery agitators, 
is to be hoped. This outspeaking of the people should be received in our 
midst as the evidence that notwithstanding the ravings of deluded zealots, or 
the impious threats of fanatical disunionists, the love of our common country 
still burns with the fire of the olden time in the hearts of the American people. 
Nowhere does that fire burn with more fervor than in the hearts of the con- 
servative people of Texas. Satisfied that the men whom they elected at the 
ballot-box to represent them in Congress will bear their rights safely through 
the present crisis, they feel no alarm as to the result. Texas vvill^ maintain the 
Constitution, and stand by the Union. It is all that can save us as a nation. 
Destroy it, and anarchy awaits us. 

We have in our own Constitution the adaptation of those principles of repub- 
licanism which are the basis of the Constitution of the Union. The represent- 
atives of the people are called upon by the responsibilities of the trust reposed 
in them, to hold that instrument sacred, and to construe it strictly. The 
Executive will guarantee on his part that no watchfulness shall be spared in 
guarding over the public weal, or in maintaming the Constitution in its full intent 
and meaning. 

Sam Houston. 



MESSAGE TRANSMITTING RESOLUTIONS OF THE STATE OF 
SOUTH CAROLINA. 



Executive Office, ) 



Austin, Texas, January 24, i860. 
Gentlemen of the Senate and of the House of Representatives: 

The following resolutions and autograph letter I have received from the 
Governor of South Carolina, with a request therein that I transmit the same to 
your honorable body : 

Resolutions in Relation to Federal Relations. 
"Whereas, The State of South Carolina, by her ordinance of A.D. 1852, 
affirmed her right to secede from the confederacy whenever the occasion should 



622 HousIotCs Literary Remains. 

arise, justifying her, in her judgment, in taking that step ; and, in the resolution 
adopted by her convention, declared that she forbore the immediate exercise of 
that right from considerations of expediency only : And whereas, more than 
seven years have elapsed since that convention adjourned, and in the interven- 
ing time the assaults upon the institution of slavery, and upon the rights and 
equality of the Southern States, have unceasingly continued with increasing 
violence and in new and more alarming forms : Be it therefore 

" I. Resolved, unanimously. That the State of South Carolina, still deferring 
to her southern sisters, nevertheless announces to them that it is the deliberate 
judgment of this general assembly, that the slaveholding States should imme- 
diately meet together to concert measures for united action. 

" 2, Resolved, unanimously. That the foregoing preamble and resolution 
be communicated by the Governor to all the slaveholding States, with the 
earnest request of this State that they will appoint deputies, and adopt such 
measures as will, in their judgment, promote the said meeting. 

" 3. Resolved, unanimously. That a special commissioner be appointed by his 
Excellency the Governor, to communicate the foregoing preamble and resolu- 
tions to the State of Virginia, and to express to the authorities of that State the 
cordial sym.pathies of the people of South Carolina with the people of Virginia, 
and their earnest desire to unite with them in measures of common defense, 

" 4. Resolved, unanimously, That the State of South Carolina owes it to 
her citizens to protect them and their property from every enemy, and that for 
the purpose of military preparation, for an emergency, the sum of one hundred 
thousand ($100,000) dollars be appropriated for military emergencies." 

Executive Department, ) 
Columbia, S. C, December 30, 1859. ) 
His Excellency, Samuel Houston : 

Dear Sir: — I have the honor to enclose certain resolutions which passed 
unanimously both branches of the Legislature of South Carolina, in one of which 
is an earnest request that your State will appoint deputies, and adopt such other 
measures as will promote a meeting of slaveholding States in convention. You 
will see by the preamble to the resolution that South Carolina, as a sovereign 
State, claims the right to secede whenever she may think it expedient to do so, 
but she much prefers concerted action, and is willing to follow any lead. Be 
pleased to submit the resolutions to your Legislature at the earliest moment. 
With great respect and consideration, 

I am, yours truly, Wm. H. Gist. 

This is done in accordance with the spirit of courtesy which should actuate 
the Executive of one State in his intercourse with that of another. At the same 
time, I deem it due to myself, as well as to your honorable body, to enter my 
unqualified protest against, and dissent from, the principles enunciated in the 
resolutions. 

The reasons assigned seem too insufficient to justify the measures recom- 
mended, unsupported as they are by facts to establish their soundness. They 
appear to be the affirmation of the ordinance adopted by South Carolina in 1852, 
well known to be based upon the adoption by Congress of the compromise meas- 



Constitutional Ohjections and no Advantage. 623 

ures of 1850. These measures were indorsed by the people of Texas through 
their popular voice at the ballot-box ; and as no recent incentive to action on 
the part of South Carolina appears other than that " the assaults upon the 
institution of slavery, and upon the rights and equality of the Southern States, 
have unceasingly continued," the Executive is led to believe that these meas- 
ures, so emphatically indorsed by the people of Texas, were one, if not the 
chief of the " assaults " enumerated. 

Were there no constitutional objections to the course suggested by the resolutions 
I cannot perceive any advantage that could result to the slaveholding States, or 
anyone of them, in seceding from the Union. The same evils, the same as- 
saults complained of now, would still exist, while no constitution would guar- 
antee our rights, uniting the strength of a Federal Government able and will- 
ing to maintain them ; but an insuperable objection arises in my mind. The 
course suggested has no constitutional sanction, and is at war with every prin- 
ciple affecting the happiness and prosperity of the people of each individual 
State, as well as their right in their national capacity. 

For years past, the doctrines of nullification, secession, and disunion have 
found advocates in Southern States as well as Northern. These ultra theories 
have, at different periods, raged with more or less violence, and there have not 
been wanting persons to fan the flame of discord, and to magnify imaginary evils 
into startling realities. Confounding the language of individuals with the acts 
of Government itself, they who desire disunion at the South are not satisfied with 
the Constitution fairly and honestly interpreted by the highest court in the coun- 
try, and the law faithfully and impartially administered by the Federal Govern- 
ment (even to the exercise of all its powers) to protect the rights of property 
and guarantee the same, are ready to seek relief from abolitionism in disunion. 

It is not to be supposed that the people of the South regard the institution of 
slavery as possessing so little moral strength as to be injured by the " assaults " 
made upon it by a fanatical element of Northern population, who so long as they 
stay at home do us no harm, and but excite a pity for their ignorance and con- 
tempt for their ravings. So long as a government exists, ready and willing 
to maintain the Constitution, and to guard every citizen in the enjoyment of his 
individual rights, the States, and the citizens of the States, may rest secure. 
Ungenerous and uncharitable as are the assaults made by a class of the North 
upon the peculiar institutions of the South, they would exist from like passions 
and like feelings under any government ; and it is to the Constitution alone, and 
the Union possessing strength under it, that we are indebted for the preserva- 
tion of those separate rights which we see fit to exercise. No matter to what 
extent these passions may go, the Federal arm is to be stretched forth as a bar- 
rier against all attempts to impair them. 

It is to be presumed that the raid upon Harper's Ferry, by Brown and his 
miserable associates, has been one of the causes which have induced these reso- 
lutions by the Legislature of South Carolina. In my opinion, the circumstances 
attending that act have furnished abundant proofs of the utility of our present 
system of government ; in fact, that the Federal powers have given an evidence 
of their regard for the constitutional rights of the States, and stood ready to de- 
fend them. It has, besides, called forth the utterance of the mighty masses ot 
the people, too long held in check by sectional appeals from selfish demagogues. 



624 Honston^s Literary Remains. 

and the South has the assurance of their fraternal feelings. The fanatical out- 
rage was rebuked and the offenders punished. Is it for this that the Southern 
States are called Upon to dissolve the fraternal ties of the Union, and to abandon 
all the benefits they enjoy under its aegis, and to enter upon expedients in viola- 
tion of the Constitution and of all the safeguards of liberty under which we have 
existed as a nation nearly a century? In the history of nations, no people ever 
enjoyed so much national character and glory, or individual happiness, as do to- 
day the people of the United States. All this is owing to our free Constitution. 
It is alone by the union of all the States, acting harmoniously together in their 
spheres under the Constitution, that our present enviable position has been 
achieved. Without a Union these results never would have been consummated, 
and the States would have been subject to continual distraction and petty wars. 
Whenever we cease to venerate the Constitution, as the only means of securing 
free government, no hope remains for the advocates of regulated liberty. 

Were the Southern States to yield to the suggestion of South Carolina, and, 
passing over the intermediate stages of trouble, a Southern Confederacy should 
be established, could South Carolina offer any guarantee for its duration ? II 
she were to secede from the present Union, could one be formed with a Consti- 
tution of more obligatory force than the one that has been formed by our 
fathers, in which the patriots and sages of South Carolina bore a conspicuous 
part .'' Sever the present Union — tear into fragments the Constitution — stay the 
progress of free institutions which both have sustained, and what atonement is 
to be offered to liberty for the act } From whence is to come the element of a 
*' more perfect Union " than the one formed by the men of the Revolution ? 
Where is the patriotism, the equality, the republicanism, to frame a better Con- 
stitution ? That which South Carolina became a party to in 1788, has to this 
period proved equal to all the demands made upon it by the wants of a great 
people, and the expansive energies of a progressive age. 

Neither in peace nor in war has it been found inadequate to any emergency. 
It has in return extended the protection which union alone can give. The States 
have received the benefits of this Union. Is it left to them to abandon it at 
their pleasure — to desert the Union which has cherished them, and without 
which they would have been exposed to all the misfortunes incident to their 
weak condition ? 

The Union was intended to be a perpetuity. In accepting the conditions im- 
posed prior to becoming a part of the confederacy, the State became a part of a 
nation. What they conceded comprises the powers of the Federal Govern- 
ment ; but over that which they did not concede their sovereignty is as perfect as 
is that of the Union in its appropriate sphere. They gave all that was necessary 
to secure strength and permanence to the Union — they retained all that was 
necessary to secure the welfare of the State. 

Texas can not be in doubt as to this question. In entering the Union, it is 
not difficult to determine what was surrendered by an independent Republic. 
We surrendered the very power, the want of which originated the Federal 
Union — the right to regulate commerce with foreign nations. As an evidence 
of it we transferred our custom-houses, as we did our forts and arsenals, along 
with the power to declare war. We surrendered our national flag. In becom- 
ing a State of the Union, Texas agreed " not to enter into any treaty, alliance. 



Texan Example and Interests. 625 

or confederation, and not, without the consent of Congress, to keep troops or 
ships of war, enter into any agreement or compact with any other State or 
foreign power." All these rights belonged to Texas as a nation. She ceased to 
possess them as a State ; nor did Texas, in terms or by implication, reserve the 
pov/er or stipulate for the exercise of the right to secede from these obligations, 
without the consent of the other parties to the agreement acting through their 
common agent, the Federal Government. The Constitution of the United 
States does not thus provide for its own destruction. An inherent revolutionary 
right, to be exercised when the great purposes of the Union have failed, re- 
mains ; but nothing else. 

Might not South Carolina, if a new confederacy were formed, at any time 
allege that an infraction of the new Constitution, or some deviation from its 
principles had taken place ? In such an event, according to the principles now 
laid down by her, she would then exercise the same power which she now 
assumes. Grant her assumption of the right of secession, and it must be 
adopted as a general principle. Massachusetts may then nullify the fugitive 
slave law by virtue of her right as a sovereign State, and when asked to obey 
the Constitution, which she would thus violate, quietly go out of the Union. 

It has been remarked by a statesman of South Carolina, when commenting 
upon the alleged aggressions of the l^orth upon the South, that " many of the 
evils of which we complain were of our own making." 

If we have suffered from our own bad policy in the Union — from giving con- 
trol of affairs to men who have not calculated well as to results (the Union has 
enabled us to retrieve many of these false steps), and at no time, since the his- 
tory of our Government, have so many of the safeguards of law been thrown 
around our peculiar institution — it is for us to sustain it and ever)' other right 
we possess in the Union. Sustained by the Federal arm and the judiciary, we may 
rely upon the maintenance of these rights which we know we possess. When- 
ever these are taken from us, the Constitution has lost its power. There will be 
no Union to secede from, for in the death of the Constitution, the Union like- 
wise perishes ; and then comes civil war, and the struggle for the uppermost. 

If the present Union, from which we are asked to secede, does not possess in 
itself all the conservative elements for its maintenance, it does seem to me that 
all political wisdom and binding force must be set at naught by the measures 
proposed. 

So long as a single State reserves to herself the right of judging for the entire 
South as to the wrongs inflicted, and the mode of redress, it is difficult to de- 
termine to what extent the theory would be carried. 

Texas is a border State. Indians ravage a portion of her frontier. Mexico 
renders insecure her entire western boundary. Her slaves are liable to escape, 
and no fugitive slave law is pledged for their recovery. Virginia, Missouri, and 
Kentucky are border States, and exposed to abolition emissaries. Have they 
asked for disunion as a remedy against the assaults of abolitionism.'' Let dis- 
solution come, and the terrible consequences will fall upon all those first, and 
with double force. South Carolina, from her central position, the sea upon one 
side, and a cordon of slave States between her and danger, has had but little 
reason for apprehension. Those who suffer most at the hands of the North 
seem still to bear on for the sake of the Union. When they can bear no longer 
they can judge for themselves, and should their remonstrances fail to call the 
40 



626 Houston^s Literary Remains. 

enemies of the Constitution back to duty, and the Federal Government cease to 
protect them, the pathway of revolution is open to them. 

To guide us in our present difficulties, it is a safe rule to borrow experience 
from the sages and patriots of the past. Beginning with the father of our 
country, and great apostle of human liberty, George Washington, I am happy 
to find my opinions on this subject have the sanction of all those illustrious 
names which we and future generations will cherish so long as liberty is a thing 
possessed or hoped for. In his farewell address, he says : 

" The unity of government which constitutes you one people is also now dear 
to you. It is justly so, for it is a main pillar in the edifice of your real inde- 
pendence — the support of your tranquillity at home and your peace abroad, of 
your safety, of your prosperity, of that very liberty which you so highly prize. 
But as it is easy to foresee that from different causes and from different quarters 
much pains will be taken — many artifices employed, to weaken your minds in 
the conviction of this truth ; as this is the point in your political fortress against 
which batteries of internal and external enemies will be most constantly and 
actively (though often covertly and insidiously) directed — it is of infinite mo- 
ment that you should properly estimate the immense value of your National 
Union to your collective and individual happiness ; that you should cherish a 
cordial, habitual, and immovable attachment to it, accustoming yourself to think 
and speak of it as the palladium of your political safety and prosperity— watch- 
ing for its preservation with jealous anxiety — discountenancing whatever may 
suggest even a suspicion that it can in any event be abandoned ; and indignantly 
frowning upon the first dawning of every attempt to alienate one portion of our 
country from the rest, or to enfeeble the sacred ties which now link together the 
various parts." 

It must be recollected that these sage admonitions were given to a people, and 
to the sacred cause of liberty, to which a long life of arduous toil and unselfish 
devotion had been given. Temporary excitement, fanaticism, ambition, and the 
passions which actuate demagogues, afforded no promptings to his fatherly 
teachings. They were those of a mind which felt that it was leaving a rich 
heritage of freedom to posterity, to whom was confided the worthy task of pro- 
moting and preserving human freedom and happiness. 

Next among the patriot statesmen who devoted their lives to the achievement 
of our independence as a nation, is to be mentioned the venerated name of 
Thos. Jefferson. In relation to the subject of secession and disunion, we find 
the following expression of his patriotic feelings. In June, 1798, at a time when 
conflicting elements seemed, in the estimation of many, to portend disunion, he 
wrote : 

" In every free and deliberating society, there must, from the nature of man, 
be opposite parties, and violent disunions and discords ; and one of these, for the 
most part, must prevail over the other for a longer or a shorter time. Perhaps 
this party division is necessary to induce each to watch and debate to the peo- 
ple the proceedings of the other. But if, on the temporary superiority of the 
one party, the other is to resort to a scission of the Union, no Federal Govern- 
ment can ever exist. If, to rid ourselves of the present rule of Massachusetts 
and Connecticut, we break the Union, will the evil stop there ? Suppose the 
New England States, alone, cut off, will our nature be changed ? Are we not 



Jefferson'' s Appeals against Disunion. (527 

men still, to the south of that, and with all the passions of men? Immediately 
we shall see a Pennsylvania and a Virginia party in the residuary confederacy, 
and the public mind will be distracted with the same party spirit. What a game, 
too, will the one party have in their hands, by eternally threatening the other, 
that unless they do so and so, they will join their Northern neighbors. If we 
reduce our Union to Virginia and North Carolina, immediately the conflict will 
be established between the representatives of these two States, and they will 
end by breaking into their simple limits." 

And again, after a lapse of nearly twenty years, when the Hartford Convention 
announced the doctrine of nullification and secession as an ultimate remedy, which 
we are to-day called upon to indorse, he wrote to the honored Lafayette, who 
from his home in France began to look with doubt upon the success and per- 
petuity of the Union which his blood had been spilt to establish : 

" The cement of this Union is in the heart-blood of every American. I do not 
believe there is on earth a government established on so immovable a basis. 
Let them in any State, even in Massachusetts itself, raise the standard of sepa- 
ration, and its citizens will rise in mass, and do justice themselves on their own 
incendiaries." 

The particular attitude of Massachusetts at that period called forth these 
determined expressions from this great champion of American freedom. They 
are equally applicable to our present condition. The Legislature of South 
Carolina may have as much mistaken the character of the masses of South 
Carolina as did the Hartford Convention the character of the masses of Massa- 
chusetts. The Hartford Convention became a byword and a reproach. The 
sons of the men of Lexington and Bunker Hill stamped it with infamy. The 
people of South Carolina are descendants of those who felt all the throes inci- 
dent to the Revolution. Her gallant heroes are among the historic names to be 
revered and cherished. Their generations will not forget the cost of liberty, or 
the blessings of the Union which it created. 

At the time these expressions were used by Jefferson he had retired, and his 
fame had elevated him far above party politics and partisan feelings. He 
thought and spoke as one friend would to another, who had passed through the 
severe ordeal for the attainment of human freedom. He had in truth filled the 
measure of his country's glory. Such feelings well deserve a place in every true 
American heart. His teachings surely can not be lost upon the present en- 
lightened generation ; nor do we find that other sages and patriots are silent on 
these topics. In the writings of Mr. Madison we find that after all the arduous 
toils of a statesman and patriot, when treating upon the subject of the Union 
and the relative rights and powers of the States, he lends his great light to 
guide posterity in the pathway of regulated government. Being one of the au- 
thors of the Constitution, his exposition comes to us with double force. In a 
letter to Joseph C. Cabell, written September i6, 1831, he says: 

" I know not whence the idea could proceed that I concurred in the doctrine 
that although a State could not nullify a law of the Union, it had a right to 
secede from the Union. Both spring from the same poisonous root." 

In his letter to Mr. N. P. Trist, written December 23, 1832, he says : 

" If one State can, at will, withdraw from the others, the others can, at will, 
withdraw from her, and turn her nolentem volentevi out of the Union." 



628 Houston's Literary Hemains. 

And in writing to Andrew Stevenson February 4, 1833, he says : 

" I have received your communication of the 29th ultimo, and have read it 
with much pleasure. It represents the doctrines of nullification and secession 
in lights that must confound, if failing to convince their patrons. We have 
done well in rescuing the proceedings of Virginia in 1798-99, from the many 
misconstructions and misapplications of them. Of late, attempts are observed 
to shelter the heresy of secession under the case of expatriation, from which it 
essentially differs. The expatriation - party moves only his person and his 
movable property, and does not incommode those whom he leaves. A seceding 
State mutilates the domain, and disturbs the whole system from which it sepa- 
rates itself. Pushed to the extent in which the right is sometimes asserted, it 
might break into fragments every single community." 

These views clearly show that this great expounder of the Constitution did 
not recognize the right of a single State to break the harmony of the nation, 
and destroy its unity by seceding at its pleasure. Nor was he less earnest in 
his desire to perpetuate the Union and guard against the heresy by which it 
might be endangered. In one of his celebrated State papers, written in Sep- 
tember, 1829, he thus pictures in language at once solemn and truthful the con- 
sequences of disunion : 

" In all the views that may be taken on questions between the State govern- 
ments and General Government, the awful consequences of a final rupture and 
dissolution of the Union should never be lost sight of. Such a prospect must 
Ve deprecated — must be shuddered at by every friend of his country, to liberty, 
to the happiness of man. For, in the event of a dissolution of the Union, an 
impossibility of ever renewing it is brought home to every mind by the difficul- 
ties encountered in establishing it. The propensity of all communities to divide 
when not pressed into a unity by external dangers is a truth well understood. 
There is no instance of a people inhabiting even a small island, if remote from 
foreign danger, and sometimes in spite of that pressure, who are not divided 
into alien, rival, hostile tribes. The happy union of these States is a wonder, 
the Constitution a miracle, their example the hope of liberty throughout the 
world. Woe to the ambition that would meditate the destruction of either." 

Who that has a heart that throbs for freedom can disregard the wisdom and 
admonition of patriots, whose lives have been devoted to the service of their 
country, and who, turning away from the appeals of wealth, have felt rich in 
the enjoyment of the boon of free government and the possession of an humble 
competency ! 

After leaving the sages who participated in the formation of our Union, we 
find that the distinguished patriots of latter days likewise offer their testimony 
to the value of the Union, and against the doctrine of secession. Andrew Jack- 
son, the President of the masses, the man to whose bravery in battle, and whose 
firmness in council, the country owes much for its present prosperous condition, 
was called upon to meet this question under circumstances the most embar- 
rassing. His giant will encompassed it all, and a grateful people now revere 
him for the act. The position assumed by South Carolina in her ordinance of 
November 24, 1832, called forth his proclamation of the loth of December 
following. The following extract will suffice : 

" The Constitution of the United States then forms a government, not a 



Jackson'' s Remonstrance agaimit Disunion. 029 

league ; and whether it be formed by compact between the States or in any 
other manner, its character is the same. It is a government in which all the 
people are represented, which operates directly upon the people individually, not 
upon the States — they retained all the power they did not grant. But each 
State having expressly parted with so many powers as to constitute, jointly 
with the other States, a single nation, can not from policy possess any right to 
secede ; because secession does not break a league, but destroys the unity of a 
nation ; and an injur)' to that unity is not only a breach which would result in 
the contravention of a compact, but it is an offense against the whole Union. 
To say that any State may at pleasure secede from the Union, is to say that 
the United States are not a nation ; because it would be a solecism to contend 
that any part of a nation might dissolve its connection with the other parts, to 
their injury or ruin, without morally committing any offensive secession, like 
any other revolutionary act, may be morally justified by the extremity of oppres- 
sion ; but to call it a constitutional right is confounding the meaning of terms, 
and can only be done through gross error, or to deceive those who are willing 
to assert a right, but would pause before they make a revolution, or incur the 
penalties consequent on a failure." 

Again, in his message of January, 1832, after fully discussing the issues forced 
upon the country, he adds : 

" The right of a people of a single State to absolve themselves at will, and 
without the consent of the other States, from their most solemn obligations and 
to hazard the liberties and happiness of the millions composing this Union, can 
not be acknowledged. Such authority is believed to be utterly repugnant to the 
principles upon which the General Government is constituted, and to the object 
which it is expressly formed to attain." 

This great man of the people has been gathered to his fathers. Over his 
grave at the Hermitage let the American nation declare in his own emphatic 
language : " The Union — It must and shall be preserved," 

These are not all the mighty names which can be arrayed in behalf of the 
Union, and against the doctrines of secession. When did the ardent and en- 
lightened mind of Henry Clay, when his attention was drawn to the subject of 
the Union, fail to offer his tribute to its worth, decline to render the most scath- 
ing rebuke to those who dared for one moment to depreciate its value .-* Nor 
am I disposed to close this message, without citing another illustrious name, 
who, without regard to party, boldly planted his feet on the platform of the 
Constitution and the Union — a man who faced all the fury of the fanatical pas- 
sions of his own section in behalf of the compromise measures of 1850, which 
guaranteed the equality of the South under the Constitution. I allude to Daniel 
Webster. He was a man whose heart was great enough to embrace the whole 
Union, and whose intellect could span the globe. 

The sentiment which he leaves on record I repeat : 

" Liberty and Union, now and forever, one and inseparable." 

With such teachings and such lights from those of the past and of modern 
time, can Texas forget her duty to herself.-* These were the men who formed 
the first structure of perfect liberty and self-government in the world. We have 
the exposition of the principles upon which this sublime structure of self- 
government was based. Are we to cast them all away } Are we to quit our 



630 Houston's Literally Remains. 

haven of safety, in which we are secure, happy, and prosperous, and risk our 
all upon the uncertainty of an untried experiment, which seems only to open the 
door to revolution and anarchy ? Could we for a moment entertain such a mad- 
dened thought, we need only extend our imagination across the Rio Grande, and 
there, exemplified to a small extent, behold the effects of secession and disunion. 
A disregard for constitutional government has involved Mexico in all the horrors 
of civil war, with robbery, murder, rapine, unrestrained. There it is simply 
civil war, brother armed against brother, partisan against partisan ; but to us it 
would be all these, added to the combined efforts of the powers of tyranny to 
crush out liberty. 

A responsibility rests upon us, because our advantages, arising from self-gov- 
ernment, and a more perfect freedom than any ever enjoyed, render us the more 
accountable. 

I need not call the attention of the Legislature to a period so recent as the 
annexation of Texas to the American Union. The feeling that prevailed in the 
community in anticipation of that event, and the ardent desire for its consum- 
mation in almost every heart in Texas, can testify to the sincerity of our people 
when they took upon themselves the duties of citizens of the United States. A 
generation has not half passed since the great object was accomplished ; and 
are we to be seduced already into any measures fraught with principles that 
would involve us in the inconsistency of impairing the integrity of our formation, 
and that, too, when it would involve us, in my opinion, in the crime of raising 
our hands against the Constitution and the Union, which have sheltered and 
defended us, and w^hich we are solemnly bound to support and maintain } 

The good sense of the nation can not overlook the fact that we are one 
people and one kindred ; that our productions, occupations, and interests are 
not more diversified in one section of the Union than another. If the vain hope 
of a Southern Confederacy would be realized upon the basis of all the slave 
States, there would soon be found enough diversity of Northern and Southern 
interests in both sections to accomplish another division, ail the more eagerly 
sought, because of a recent precedent. 

Indeed, if peaceable separation were possible, no confederacy could be 
formed upon any other principle than that of leaving domestic institutions— 
where the Constitution of the United States now leaves them — to the States 
individually, and not to a central government. 

I have been no indifferent spectator of the agitations which have distracted 
our councils, and caused many patriots to despair of the Republic. But I am 
yet hopeful, and have an abiding confidence in the masses of the people. I 
can not believe that they will suffer scheming, designing, and misguided poli- 
ticians to endanger the palladium of our liberties. The world is interested in 
the experiment of this Government. There is no new continent on earth 
whereon to rear such another fabric. It is impossible that ours can be broken 
without becoming fragmentary, chaotic, and anarchical. I know of no con- 
federacy with other States which could hold out greater inducements or 
stronger bonds of fraternity than were extended to us in 1844. The people of 
Texas are satisfied with the Constitution and the Union as they are. They are 
even willing to enlarge it by further wise, peaceful, and honorable acquisitions. 
If there is a morbid and dangerous sentiment abroad in the land, let us endeavor 
to allay it by teaching and cultivating a more fraternal feeling. 



Demands for Frontier Defense. 631 

I would therefore recommend the adoption of resolutions dissenting from the 
assertion of the abstract right of secession, and refusing to send deputies, for 
any present existing cause, and urging upon the people of all the States, North 
and South, the necessity of cultivating brotherly feeling, observing justice and 

attending to their own affairs. 

Sam Houston. 



MESSAGE TO THE LEGISLATURE OF TEXAS— EXTRA SESSION. 

Executive Department, • 

Austin, January 21, 1861. \ 
Gentlemen of the Senate and House of Representatives : 

You have been convened in extra session, in view of the unsettled condition ot 
our national affairs, the continued invasion of our frontier by Indians, and the 
embarrassed condition of the Treasury. To these subjects alone your attention 
will be invited, and it is hoped that only those which are incident to these will 
meet your condideration. 

The defense of the State being a paramount object, the Executive will first 
press the necessity of providing for the same upon your consideration. When 
the Executive came into office the frontier was entirely unguarded, except by 
Federal troops. The Indians, unrestrained by the presence of rangers, em- 
braced the favorable opportunity, and gained a foothold in the country, and ere 
their presence was known and means could be adopted to repel them, com- 
menced a series of depredations which struck terror to the settlements. Their 
savage work was not confined to the frontier alone, but extended to counties 
within fifty miles of the capital. 

Although not apprised of this state of things, the Executive had made such 
provision for the defense of the frontier as seemed necessary. On the 26th of 
December, a few days after his inauguration, an order was issued to Captain 
W. C. Dalrymple, of Williamson County, to raise a company of sixty men, rank 
and file. 

This was followed by orders of the same character to Captain Ed. Burleson, 
of Hays, and to Captain John H. Conner, of Travis, on the 4th and 13th of 
January. These companies were ordered to such points as would enable them 
to carry out the orders given them to g^ve the greatest amount of protection to 
the frontier inhabitants. 

Had the frontier not been entirely abandoned to the Indians for months pre- 
vious to his inauguration these companies would have sufficed to prevent any 
concerted and extensive movement against the settlements on the part of the 
Indians ; but they were already secreted in the country. Intelligence having 
reached the Executive that numerous small parties of Indians were ravaging 
the line of settlements beyond Bell County, but yet not on the extreme frontier, 
orders were issued on the 13th of February to Lieut. White of Bell, Salmon of. 
Basque, and Walker of Erath County, to raise each a detachment of twenty- 
five men to range in and give defense to the counties of Caryell, Hamilton, 
Comanche, Erath, Eastland, and Palo Pinto. These detachments were soon 
in the field, with orders to exercise every energy to give the frontier protection 
and security. 



632 Hovston^s Literary Remains. 

Authentic accounts of depredations still coming in, the Executive on the 2ist 
of February sent to the various frontier counties a letter authorizing the citizens 
of each county to raise a minute company of not more than twenty men, who 
should look to the next Legislature for payment; and to more effectually insure 
the presence of these minute companies in the field, a general order was issued 
on the 9th of March, by which the Chief-Justice of each county was instructed 
to organize immediately a minute company of fifteen men, to whom the follow- 
ing orders were given : 

" The detachments will immediately take the field, and enter upon active serv- 
ice, affording protection to the inhabitants of their respective counties. 

" When an Indian trail is found it must be diligently followed, and if the sign 
indicates a larger party of Indians than he is able to cope with, he will call not 
exceeding ten men to his aid." 

The lieutenant commanding each detachment or minute company was au- 
thorized to purchase necessary supplies, and where it was possible to do so, 
they were sent forward by the Executive. 

Under this order minute companies of fifteen men each were mustered into 
service in the following counties : Lieut. Scanland, Montague ; Lieut. Isbell, 
Wise; Lieut. Cochran, Young; Lieut. Jones, Palo Pinto; Lieut. Stevens, East- 
land ; Lieut. Lowe, Erath ; Lieut. Price, Comanche ; Lieut. Nelson, Basque ; 
Lieut. Gentry, Hamilton ; Lieut. Font le Roy, Caryell ; Lieut. Cowan, Llano ; 
Lieut. Wood, San Saba; Lieut. Hughes, Lampasas; Lieut. Lewis, Mason; 
Lieut. O'Hair, Burnett; Lieut. Franzelin, Gillespie; Lieut. Balentyne, Bandera; 
Lieut. McFadden, Keer; Lieut. Kennedy, Hoalde ; Lieut. Patton, Blanco; 
Lieut. Brown, Bexar; Lieut. Watkins, Medina; Lieut. Ragsdale, Frio. 

In addition to putting this force of minute men in the field, the Executive, in 
order to enable the frontier citizens to more successfully defend themselves, pur- 
chased and distributed through the frontier counties one hundred Colt's re- 
volvers, which, with a number of revolvers, rifles, and muskets, were sent" for- 
ward. Ammunition was also supplied to the minute companies. To provide 
for the defense of the settlement beyond San Antonio, an order was issued on 
the 5th of March, to Capt. Peter Tomlinson, of Atascosa County, to raise forty- 
eight men, to whom were assigned the range between the Frio and the Rio 
Grande. Captain Tomlinson was mustered into service on the 20th of March. 

It will thus be seen that up to this period the Executive had called into serv- 
ice a ranging force of 720 men, which might be increased upon an emergency 
to 950. The greater part of this force was then in active service, and as a 
result the Indians disappeared from the settlements. The monthly reports of 
the officers commanding the minute men now on file in the Executive ofifice 
attest this fact. The minute companies of fifteen men were kept in service until 
the 1 8th of May, when, there being no longer a pressing necessity for their 
presence in the field, they were disbanded, subject to be called out at any mo- 
ment by order of the Chief-Justice of their county. 

Before, however, these forces could be brought to bear on the settlements 
many murders had been committed, and a large number of horses stolen. With 
a view of avenging these outrages, and the recovery of the property of our citi- 
zens, the Executive determined to send against the Indians a force sufficient to 
discover their hiding-places, and accomplish these objects. 

It had long been the opinion of the Executive that the horses stolen from us 



Expeditions to Repel Indian Maids, 638 

are herded at some central point between our settlements and the trading-posts 
where they are sold, and that from this point stealing parties strike for our 
settlements, leaving others in charge of the animals already taken. To punish 
these Indians, as well as to ferret out the parties who purchase our horses from 
them, required an able force, and was a work requiring much time and priva- 
tion. The duty of raising troops for this expedition was assigned to Col. M. 
T. Johnson, of Tarrant County, to whom was issued orders on the 17th of 
March to raise a sufficient number of mounted rangers to repel, pursue, and 
punish the Indians now ravaging the north and northwestern settlements of 
Texas, with full liberty to dispose of the force under your (his) command, at 
your (his) discretion. In pursuance of this order Col. Johnson raised five com- 
panies of rangers of 83 men, commanded by Captains Smith of McLennan, 
Darnell of Dallas, Woods of Fannin, Fitzhugh of Collin, and Johnson of Tar- 
rant. These rendezvoused at Fort Belknap, where they were joined by two 
companies under command of Capts. Ed. Burleson and W. C. Dalrymple, and 
on the 23d of May the expedition started for the Indian country. 

The several reports of Col. Johnson to be submitted will furnish a full state- 
ment of the progress of the expedition. A portion of the troops were ordered 
back by Col. Johnson from Old Fort Radsminske the 30th of July. The others 
penetrated the Indian country beyond the line of Kansas, and after enduring 
many privations returned to Fort Belknap, where they were disbanded by order 
of the Executive. 

Although no Indian depredations were at that time reported, the Executive, 
to guard against their repetition, ordered Capt. L. S. Ross to McLennan on the 
nth of September to raise a company of seventy men, and to take his station 
beyond Fort Belknap, where he arrived on the 17th of October, 

On the 6th of December information reached the Executive of the most ap- 
palling outrages committed by the Indians in Jack and Parker Counties, Orders 
were immediately sent forward to Capts. Thos. Stocton, of Young, and James 
Barry, of Basque County, to raise each twenty-four men, and proceed to co- 
operate with Captain Ross in protecting the settlements. These troops did not 
then enter the service, but on the 17th of December an order was issued to Capt, 
A. B. Burleson to raise seventy men, which was followed by orders to Capt. E, 
W. Rogers, of Ellis, on the 26th of December, and to Capt. Thomas Harrison, 
of McLennan, on the 2d of January, to raise each seventy men, all of whom have 
now gone forward to Fort Belknap, where Col. W, C, Dalrymple, of Williamson 
County, acting under commission as aide-de-camp to the Executive, has been 
ordered to repair, to effect an organization of the troops, and to devise means for 
their efficiency. 

It affords the Executive pleasure to state that the Indians who committed the 
late depredations in Jack and Parker Counties have been overtaken and killed, 
by a force under command of Captain Ross, whose report will be submitted. 

The Executive, to support and render efficient the force which he has had 
from time to time in the field, has had no money at his command except the 
University Fund, amounting to $106,993.26, which was by special act of the 
Legislature authorized to be used for purposes of frontier defense. It was his 
opinion that the Legislature intended that this fund should be used alone for the 
defense of the Indian frontier, and not for the payment of claims on account of 
the war upon the Rio Grande. The troubles upon the Rio Grande, although 



634 Houston's Literary Remains. 

speedily settled after the arrival of the commissioners sent by the Executive, cost 
the State an amount far beyond the estimate of the Legislature, and when claims 
were presented for supplies furnished troops the Executive did not believe 
the money should be drawn from the University Fund, and expressed his 
views in that respect to the Comptroller. That fund was the sole dependence of 
the Executive for the purchase of supplies to keep troops in the field. A 
considerable sum was paid, however, from the fund for debts contracted during 
the Rio Grande war. This reduced the amount which might be used to defend 
the frontier to $76,937.73, which has been exhausted. The Executive, however, 
kept troops continually in the field, and until the present time supplied them, v/ith 
the exception of the minute companies called out in each county. Not a dollar 
has been at his command for months. Deprived of money to purchase supplies, 
and with the fact before him that Treasury warrants were already selling at a 
heavy discount, the Executive might well have thrown upon others the respon- 
sibility of abandoning the frontier, and left the people to defend themselves. But 
neither this, nor the fact that many have continually denounced and misrep- 
resented his efforts made in behalf of the frontier, have caused him to forego his 
exertions ; on the contrary, they have been redoubled. 

At such periods a man, true to the obligations of his station and the instincts 
of humanity, should alike rise superior to the obstacles impending in his path- 
way, and the petty considerations of chagrin and disappointment at the conduct 
of those who maligned and censured him ; and it is a satisfaction to the Execu- 
tive now to know that the first who have received the undoubted evidences 
of the determination and the ability of the troops sent forward by him to defend 
them, are those who have been foremost in their efforts to thwart his endeavors. 
Finding that it was impossible to purchase any adequate amount of supplies on 
the credit of the State, the Executive, in two communications dated the 8th of 
November and the 7th of January, suggested to the State Treasurer the propriety 
of using, for purposes of frontier defense, the amount in the Treasury on 
account of University land sales ; but the opinion of ihat officer was adverse 
to the proposition, and that fund, amounting to $34,708.14, still remains in the 
Treasury'. 

The Executive, believing that the Legislature would not repudiate a pledge 
made under such circumstaiices, procured of Mr. S. M. Swenson two 
months' supply of rations, with a guarantee that the same should be paid as soon 
as your honorable body met. This supply will be exhausted by the time more 
can be sent forward, and to your earnest consideration the matter is com- 
mended. 

It will be seen, from the plain statement of facts given above, that from 
the time of his inauguration up to the present time, the Executive has de- 
voted all the energies at his command to the defense of the frontier. He has 
called into service a number of the most experienced ranging officers in the 
State, and given them troops obtained in counties capable of furnishing the best 
Indian fighters in the world. Not only in the number, but in the equipment of 
the troops, the means he has adopted for frontier defense have been adequate 
to more than the reasonable expectations of the country. Besides these, he has 
provided every county with a minute company for its own defense, formed of its 
own citizens. If these endeavors have not sufficed to protect the country, 
no exertions which he could have made would have done so. 



JEstimates for Hequired State Expenditures. 635 

In March last the Executive tendered to the Secretary of War of the United 
States 5,000 Texan volunteers to aid in the defense of the frontier. The offer 
was declined. Efforts have been made to induce Congress to pass a bill author- 
izing the calling of such a force into the field ; but they have been, thus far, un- 
successful. ■ 

The Federal Government has, however, from time to time sent reinforcements 
of the regular army to Texas, until the entire force on our border comprises 
about one-fifth of our entire army. 

These prevent the invasion of our soil by any numerous body of Indians, and 
occasionally intercept small stealing parties ; but to entirely check the latter a 
more active force is necessary, which should be constantly employed in scouring 
the country. 

The militia act, passed by the last Legislature, was found by the Executive to 
contain conflicting provisions, which prevented its being put in operation ; the 
necessity of rendering it entirely practicable is respectfully presented to the Leg- 
islature. 

According to the estimates made, which were laid before the Legislature, the 
ordinary expenses of government exceeded per annum the amount received from 
revenue. 

The extraordinary expenses arising from the construction of the Insane 
Asylum and other causes, as well as the balance due from former years, have 
greatly increased this deficiency, and, as a consequence, the Treasury is now 
without means to defray the expenses of government for the present year. 

The Executive has endeavored, so far as the law gives him control, to reduce 
the expenditures of government to an economical basis ; but his power is ex- 
tremely limited, and his endeavors in this respect have, of course, been governed 
by the appropriations made by the Legislature. 

The Executive deemed it his duty, on the 8th of February, i860, to send a 
special message to the Legislature, showing the condition of the Treasury, and 
urging the adoption of such measures as would prevent its embarrassment. 
There remained in the Treasury, on the ist day of February, but $219,000, 
against which stood the amount due on account of appropriations made by the 
present and previous Legislatures, estimated at $508,582.74. 

To show the rapid depletion which followed, it may be stated that the State 
Treasury on the 15th of February reported but $232,903.21 in the Treasury, 
which included the University Fund, amounting to $109,472.26. There was, 
therefore, to sustain the civil list but $123,480.95. The balances still due on 
appropriations were to be paid, and the Government to be sustained until the 
whole revenue came in, which was estimated by the Comptroller to be $343,- 
447.95. In presenting the condition of the Treasury to your honorable body the 
Executive urged the necessity of increased taxation. 

The Legislature, however, did not second his views, and an act was passed 
in lieu thereof, providing for the payment of interest on Treasury warrants. 

Much difficulty was experienced in putting this 9,ct into operation, and the 
Comptroller did not consent until the ist of June to issue the warrants. Since 
that period they have been issued for all claims for rangers' pay ; and since, the 
University Fund has been exhausted for other claims connected with the frontier 
service where parties would take them. 

No one couU! have more regretted the delay of putting this law into execu- 



636 HoustoTi's Literary Remains. 

tion than the Executive. It was a measure calculated to sustain the faith and 
credit of the State, and it has done so to a material extent. The warrants were 
purchased at from 85 to 95 cents on the dollar, the purchasers relying for pay- 
ment on the collection of the money due by the Federal Government to Texas 
for expenses incurred in defending the frontier, and it was not until the pros- 
pect of obtaining that money was understood to be uncertain that they depre- 
ciated to any great extent. At present there is scarcely any demand for them 
even at a ruinous discount. 

The Legislature will at once see the necessity of providing means for the re- 
demption of the warrants, with the interest. 

Not only the holders of those already issued, but a large number of rangers 
yet to be paid, have a right to expect that the public faith shall be maintained. 
The Legislature should see to it that the brave men who have, regardless of 
privation and danger, gone to the defense of the frontier are not deprived of the 
pay justly due them. 

They have already been compelled to yield a considerable portion to obtain 
money to meet their necessities. Many are yet holding their warrants in the 
hope that justice will be done them. Those yet to be paid look alike to the 
Legislature. 

Those now in the field will be stimulated to greater efforts in behalf of the 
frontier if they find that their zeal and courage are appreciated, and provision is 
made to recompense their toil. 

The Executive regrets to be compelled to inform the Legislature that none of 
the money appropriated by the United States Congress to reimburse the State 
for expenses incurred in defending the frontier against Indians has yet been ob- 
tained. There was appropriated by act of Congress of March 3. 1859, the sum 
of $53,000, and on the 21st of June, i860, the sum of $123,444.51 for this purpose. 
No steps had been taken for the collection of the amount due on the first ap- 
propriation when the present Executive came into office. On the i6th of 
March, i860, instructions were sent to the Comptroller to forward to the War 
Department at Washington duplicate copies of the muster rolls, vouchers, etc., 
necessary to obtain the amount paid by the State for the services of six com- 
panies of rangers called into service by Gen. Persifer F. Smith in 1854, pro- 
vided for by act of Congress of March 3, 1859. 

The Comptroller declined to send the vouchers necessary to secure the collec- 
tion of the amount. It was the intention of the Executive to solicit the services 
of one or more of our members of Congress then at Washington in the settle- 
ment of our business, and when the amount due the State was ascertained, to 
obtain U. S. Treasury drafts, which could have been cashed here by the Comp- 
troller at par, and thus all the expenses of a special agent would have been 
avoided. The Executive again on the 9th of October requested that the 
vouchers for the whole claim be forwarded at as early a day as practicable, the 
Comptroller having informed him that they were ready for transmission. On 
the 3d of November, desiring to facilitate and hasten the collection of this 
amount, the Executive notified the Comptroller of his intention to appoint Geo. 
J. Durham, Esq., chief clerk of the Comptroller's office, as agent to bear the 
muster rolls, vouchers, etc., to Washington, and to attend to the collection of 
the claim. On the 5th of November a communication was received from the 
Comptroller, declining to place the papers in the hands of Mr. Durham, and on 



Appropriations Immediately Demanded. 637 

the 28th of November Mr. Durham declined to accept the appointment, which 
in the meantime had been tendered him. 

The only obstacle in the v/ay of the prompt collection of the amount has been 
the fact that the vouchers have not been placed in the possession of the War 
Department. Until this is done the money can not be obtained. The vouchers 
are in the possession of the Comptroller, and it has been in his power at any 
time to transmit them either in person or by some safe hand to the Secretary 
of War. When the claim has progressed thus far toward a settlement, the Ex- 
ecutive will direct his endeavors toward securing all that may be justly due the 
State. 

It is also proper to state that since the letter to the Comptroller of October 
last, stating that the muster rolls, etc., were ready for transmission to Washing- 
ton, the Executive has been notified that five of the rolls, representing about 
$40,000 of the amount due, are lost. 

An examination of the facts presented will furnish the Legislature the data 
upon which to base their actions in reference to future operations of the Treas- 
ury. It will be seen that there is already a deficit in the revenue necessary to 
meet the civil expenditures. The ordinary expenses of the Government until the 
taxes come in in June will be about $30,000 per month. The deficit already 
existing added to this amount will consume the entire amount then received, and 
leave the Government totally unprovided for for another year. Not only is this 
to be provided for, but the treasury warrants now in circulation are to be paid, 
as well as those rangers who have been, and are now, in service ; and means are 
to be pfovided for the future defense of the frontier. 

From the report of the Comptroller hereunto appended, and made a part 
of this message, it will be seen that from the 21st of December, 1859, to 
the 19th of January, 1861, there had been paid out from the Treasury in cash the 
sum of $763,394.65, and that ten per cent. Treasury warrants had been issued, 
amounting to $129,556.99, making a total of $892,951.64. Of this amount there 
was expended : 

For the Cortina war $1 37,828 10 

Expenses of Legislature 94.997 01 

Pay of Ford, Bourland, and Brown's Corn's 60,445 02 

Supplies furnished Capt. Willions 7.423 46 

Construction of Lunatic Asylum 33.369 12 

Machinery of Penitentiary 27,000 00 

Improvement of Bays and Rivers 68,270 40 

Improvement of Capital Grounds 4.771 08 

Debt of the late Republic 12,39164 



Total $446,495 83 

This entire amount was paid upon expenses, ordinary and extraordinary, in- 
curred prior to the commencement of the term of the present Executive, except- 
ing a portion of the amount paid for expenses of the Legislature. Of the bal- 
ance, $446,495.83, a considerable portion is of the same character, or for special 
appropriations not included in the ordinary appropriations of Government. It 
will be seen that the entire amount of money used by the Executive for the de- 



638 Houston's Literary Remains. 

fense of the frontier is $76,937.73, and that the entire amount of warrants issued 
for the same service is $63,843.39, rnaking a total of $139,781.02. Deducting 
this from the above, $446,495.83, it will be seen that the amount expended in the 
past year for tlie ordinary expenses of Government, including such special ap- 
propriations and amounts due, as are not enumerated above, was $306,674.71. 

According to estimates made, there is yet due, on account 
of frontier defense, for pay and subsistence of twenty- 
three minute companies $30,000 00 

For pay and subsistence of full companies 125,000 00 

$155,000 00 
Amount paid in cash and warrants 139,781 12 

Showing total cost of frontier defense $294,78 1 [ 2 

It is the opinion of the Executive that the estimate made, $155,000, will cover 
the entire indebtedness on account of frontier defense for the past year. The 
entire operations have been conducted with the strictest economy. The troops 
have been supplied upon contract at exceedingly low rates, and all officers held 
to strict accountability. When the number of men kept in the field, and the dis- 
tant points to which supplies have been sent, are considered, the entire cost 
is not great. 

The expenses of keeping a regiment in the field one year were estimated 
by the Comptroller to be $603,000. Should a contingency arise by which 
the Federal army will he disbanded, and the Indians, now under treaty stipula- 
tions with the Federal Government, and controlled by them, be turned loose, 
large appropriations will be necessary for the defense of our frontier. But should 
the present state of things continue, it will be necessary to maintain a force of 
rangers in the field. The frontier must be defended in any event, and it is 
not improbable that the financial difficulties already attending the Government 
will be felt in the Indian Department, and there may be failures in carrying out 
the treaties with the Indians. Trouble will ensue, much of which will be felt by 
our border. 

The Executive would, therefore, present the following estimates to sustain the 
Government the present year, and to meet deficiencies : 

Amount due for Rangers' pay and subsistence $155,000 00 

Interest warrants in circulation 129,556 99 

Defense of frontier 500,000 00 

Ordinary expenses of Government (see Comptroller's 

Report for September ist, 1859) . 331,400 00 

Amount due on outstanding debt 50,000 00 

Amount of debt of Republic which will be called for 10,000 00 

Total $1,175,956 99 

The expenses of the present session of the Legislature are also to be 
provided for. 



Federal Relations Affected hy PresideRtial Election. 639 

Total receipts to Augtist 31, 1861 (see Comptroller's Re- 
port, September, 1859) $343,344 27 

Amount in Treasury, subject to disbursement, January 19, 

1861, per Treasurer's Report 14.785 62 

Total $358,129 89 

The peculiar attitude of our relations with the Federal Government will, I 
trust, command the earnest attention of the Legislature. While the proud 
structure of government, built by our fathers, seems tottering to ruin, and some 
of its pillars are already torn loose by the hand of internal dissension, we may 
not alone contemplate the scene and await its total downfall. As parts yet of 
that structure, the solemn duty presses upon us to prove faithful to the trust im- 
posed by the patriots and sages of the past, and to restore it to its original pride 
and grandeur if we can ; and if we can not, to see that our own liberties perish 
not beneath its ruins. 

The election of the Black Republican candidate to the Presidency has' in- 
volved the issue of the permanency of the Government upon the basis laid 
down by its founders. 

The principles of their party as developed in the passage of laws in many of 
the States, subversive of our rights and in continual aggressions upon our insti- 
tutions, have at last obtained a foothold on the Government itself. 

The struggle has been long, and the encroachment gradual, and at last, 
through our own folly and dissension alone, has resulted in placing one depart- 
ment of the Government in the hands of those who have aggressed upon us. 
The question presses itself upon our consideration, whether 'tis best to abandon 
the Government, and acknowledge that our Constitution is a failure, or to main- 
tain in the Union every constitutional right guaranteed to us. 

The grievances of which we complain have thus far originated with the States 
and not with the Federal Government, 

They have, disregarding their constitutional obligations, interposed to ob- 
struct the Federal Government in its efforts to administer the Government in 
accordance with the Constitution ; and though the Government has not in all 
cases been successful in its efforts in our behalf, yet there has been no lack of 
willingness on its part. The prospect, however, of the Government going into 
the hands of a party whose disregard of the Constitution is its sole bond of 
union, leads to the belief that Federal aggression is inevitable unless such 
means are adopted as will not only restrain the dominant party within the 
bounds of the Constitution, but lead it to abandon all designs of perverting the 
power of Government to serve its unconstitutional aims. 

Were Government formed in an hour, and human liberty the natural result of 
revolution, less responsibility would attach to us as we consider the momentous 
question before us. A long struggle amid bloodshed and privation secured the 
liberty which has been our boast for three-quarters of a century. Wisdom, 
patriotism, and the noble concessions of great minds framed our Constitution. 
Long centuries of heroic strife attest the progress of freedom to their culminat- 
ing point. Ere the work of centuries is undone, and freedom, shorn of her 
victorious garments, is started out once again on her weary pilgrimage, hoping 
to find, after centuries have passed away, another dwelling-place, it is not un- 
manly to pause and at least endeavor to avert the calamity. 



640 Houston'' s Literary Remains, 

The Executive feels as deeply as any of your honorable body the necessity of 
such action on the part of the slaveholding States as will secure to the fullest 
extent every right they possess. Self-preservation, if not a manly love of liberty 
inspired by our past history, prompts this determination. 

But he can not feel that these dictate hasty and unconcerted action, nor can 
he reconcile to his mind the idea that our safety demands an immediate separa- 
tion from the Government ere we have stated our grievances or demanded 
redress. A high resolve to maintain our constitutional rights, and, failing to 
obtain them, to risk the perils of revolution even as our fathers risked it, should, 
in my opinion, actuate every citizen of Texas; but we should remember that we 
owe duties and obligations to States having rights in common with us ; and 
whose institutions are the same as ours. 

No aggression can come upon us which will not be visited upon them ; and 
whatever our action may be, it should be of that character which will bear us 
blameless to posterity, should the step be fatal to the interests of those States. 

While deploring the election of Messrs. Lincoln and Hamlin, the Executive 
yet has scon in it no cause for the immediate and separate secession of Texas. 
Believing, however, that the time had come when the Southern States should 
co-operate and counsel together to devise means for the maintenance of their 
constitutional rights, and to demand redress for the grievances they have been 
suffering at the hands of many of the Northern States, he has directed his 
efforts to that end. Believing that a convention of the character contemplated 
by the joint resolution of February i6, 1858, should be held, and desiring that 
the people of Texas should be represented in the same, and have full opportunity 
to elect delegates reflecting their will, he ordered an election for that purpose to 
be held on the first Monday in February next. Although since that time four 
of the Southern States have declared themselves no longer members of the 
Union ; yet he confidently looks forward to the assemblage of such a body. 

A majority of the Southern States have as yet taken no action, and the efforts 
of our brethren of the border are now directed toward securing unity of the 
entire South. 

The interests of Texas are closely identified with the remaining States ; and if, 
by joining her counsels with theirs, such assurances can be obtained of a deter- 
mination on the part of the Northern States to regard our constitutional rights 
as will induce the States which have declared themselves out of the Union to 
rescind their action, the end attained will silence whatever reproaches the rash 
and inconsiderate may heap upon us. Texas, although identified by her institu- 
tions with the States which have declared themselves out of the Union, can not 
forget her relation to the border States. Pressed for years by the whole weight 
of abolition influence, these States have stood as barriers against its approach. 
Those who ask Texas to desert them now should remember that in our days of 
gloom, when doubt hung over the fortunes of our little army, and the cry for 
help went out, while some of those who seek to induce us to follow their pre- 
cipitate lead, looked coldly on us, these States sent men and money to our aid. 

Their best blood was shed here in our defense, and if we are to be influ- 
enced by considerations other than our own safety, the fact that these States 
still seem determined to maintain their ground and fight the battle of the 
Constitution within the Union, should have equal weight with us as with 
those States which have no higher claim upon us, and who without cause 
on our part have surrendered the ties which made us one. 



The People entitled to a Voice in Deciding. 64) 

Whatever may be the course of Texas, the ambition of her people should 
be that she should take no step except after calm deliberation. A past his- 
tory, in which courage, wisdom, and patriotism united to found a Republic 
and a State, is in our keeping. Let the record of no rash action blur its 
pages. If after passing through two revolutions another is upon us, let the 
same prudence mark our course as when we merged from an independent 
nation into one of the States of the Union. Holding ourselves above influ- 
ences which appeal to our passions and our prejudices, if we must be mas- 
ters of our own destiny let us act like man, who feel all of the responsibili- 
ties of the position they assume, and are ready to answer to the civilized 
world, to God, and to posterity."] The time has com.e when, in my opinion, 
it is necessary to evoke the sovereign will for the solution of this question 
affecting our relations with the Federal Government. The people, as the 
source of all power, can alone declare the course that Texas shall pursue, 
and in the opinion of the Executive, they demand that the Legislature 
should provide a legal means by which they shall express their will as free- 
men at the ballot-box. They have stood aloof from revolutionary schemes, 
and now await the action of your honorable body, that they may in a legiti- 
mate manner speak through the ballot-box. As one of the special objects 
for which you were convened, the Executive would press this upon your 
attention, and would urge that such action be as prompt as possible. 

Confiding in the wisdom of the Legislature, and in its recognition of the 
supremacy of the people, the Executive relies upon the adoption of such 
legislation as will secure a full, free, and fair expression of their will. Should 
the Legislature in its wisdom deem it necessary to call a convention of dele- 
gates fresh from the people, the Executive would not oppose the same, but 
he would suggest that the people be the tribunal of the last resort, and that 
no action be considered final until it has been submitted to them. 

While the public mind is agitated and wild excitement tramples upon 
reason, the Executive has a right to look to the legislative department of 
the Government for wise and sagacious counsels. Representing the creative 
power of law, the high responsibilities upon you demand that you indig- 
nantly frown upon any and every attempt to subvert the laws, and substi- 
tute in their stead the will of revolutionary leaders. 

Assembled as you are at the most important epoch in our history as a 
people, may all the solemnities of such an occasion impress you with a 
determination to act your part in such a way that the confidence of the 
people in the stability of our institutions will not be shaken. If appealing 
to the popular voice, you show your confidence in their patriotism and 
sense by placing this important question in their hands, all will be well. 

Be their voice as it may, we shall be united ; and whether our future be 
prosperous or gloomy, a common faith and hope will actuate us. But if, on 
the contrary, moved by rash and unwise counsels, you yield the powers of 
government into the hands of those who do not represent the people, and 
would rise superior to them, the confidence of the masses in the reign of 
law and order will be shaken, and gloomy forebodings will fill the hearts of 
the friends of regulated government, lest the reign of anarchy and confu- 
sion come upon us. We have gone through one revolution in Texas a 
united people. ' We can be united again ; and will be, if the people are 
intrusted with the control of their destinies. 
41 



642 Houston'' s Literary He mains. 

The situation of Texas, her extensive border subject to hostile incursions 
for seven hundred miles, the vast extent of her territory, and her scattered 
population, all are subjects to be considered in reference to this question. 
If our form of government is to be changed, we must have a regard for the 
future. The millions now spent by the United States for our frontier, the 
support of our postal service, the defense of our commerce, must all come 
from the pockets of our people. Providence has withheld from us in the 
past year the abundance which has formerly rewarded the care of the hus- 
bandman. 

The people in many sections are already calling for relief. We can not 
afford under these circumstances to plunge madly into revolution. The 
Executive has not yet lost the hope that our rights can be maintained in 
the Union, and that it may yet be perpetuated. Between constitutional 
remedies and anarchy and civil war he can see no middle ground. All the 
glorious associations of our past history prove that hitherto we have been 
capable of self-government. The tyrants of Europe have ever disputed 
this fact. 

Let us give no strength to their arbitrary dogmas by any action of ours ; 
and whatever maybe our future course let us keep proudly in the ascendant 
the great principle upon which rests the idea of American liberty. 

During the present month the Executive has had the honor to receive 
the Hon. J. M. Calhoun, Commissioner from the State of Alabama, upon 
the attitude of our national affairs. The correspondence upon that subject 
is herewith submitted to the Legislature. 

In conclusion, gentlemen, the Executive would again press upon your 
attention the great importance of maintaining the public credit and faith, 
and would warn you against the consequences of involving the people in 
debt at this stage of our affairs. We can better pay as we go than we can 
meet accumulated debt in the future. 

May a kind Providence guide you aright. 

Your obedient servant, Sam Houston. 



MESSAGE TO THE LEGISLATURE OF TEXAS. 

Executive Department, 7^i?,5rz^a?j 6, 1861. 
Gentlemen of the Senate and House of Representatives : 

In view of the contemplated speedy adjournment of the Legislature, the 
Executive would again call your attention to the embarrassed condition of 
the finances, and press upon your attention the importance of adopting such 
measures as will sustain the government during the present fiscal year. 

In the message sent to your honorable body at the commencement of the 
present session the Executive pressed this subject upon your attention, and 
in connection with it the importance of providing for the defense of the 
frontier settlements. These were two of the three objects for which you 
were convened. The course of your legislation since that period, and the 
possibility of a severance of the connection of Texas with the Federal Union, 



Renewed Appeal for State Integrity. 643 

render it imperative that money should be raised to sustain the government, 
so that in such a contingency the people of the State maybe ready to meet 
any emergency that may come upon them. 

The Executive, in his message, presented for your consideration the fol 
lowing figures, showing the probable receipts and disbursements of the 
present year : 

Amount due for Rangers' pay and subsistence $155,000 00 

Interest warrants in circulation 129,556 99 

Defense of frontier 500,000 00 

Ordinary expenses of Government (see Comptroller's 

Report for September, 1859) 331,400 00 

Amount due on outstanding debt 50,000 00 

Amount of debt of Republic which will be called for.. 10,000 00 

Total $1,175,956 99 

The expenses of the present session of the Legislature are also to be pro- 
vided for. 

Total receipts to August 31, 1861 (see Comptroller's 

Report, September, 1859) $343,344 27 

Amount in Treasury subject to disbursement, January 19, 

1861 (per Treasurer's report) 14,785 62 

Total $358,129 89 

The above amount shows a deficiency on the 19th of January, 1861, of 
$817,827.10. The amount due Rangers alone for services rendered up to 
this period, amounts to at least $300,000, and unless means are adopted to 
pay their claims in money the same will depreciate, and no temporizing 
expedient can prevent that result. The government must go on perform- 
ing its functions or anarchy will ensue, and to keep it in motion money is 
necessary. The frontier must be defended or the settlements must give 
way, and no matter what expedient may now be resorted to, both men and 
money must be had, and the Executive implores the Legislature not to wait 
until the call for men and money comes laden with the dying shrieks of 
women and children. 

The Legislature may vouchsafe to the people of the frontier the privilege 
of protecting themselves at their own cost, depending upon promises to pay 
in the future ; but such a policy will be found totally inadequate to the 
present emergency. Cash will be needed to purchase ammunition and sup- 
plies. By the Treasurer's report, received on Saturday, the 2d instant, it 
appears that there was then in the Treasury, subject to disbursement on 
account of State revenue, $5,279.69. 

The Legislature has already appropriated $9,768.62 of the fund arising 
from University land' sales, and $17,313.30 of the fund accumulating from 
estates of deceased persons, for the per diem and mileage of its members, 
and it has only been by the use of these funds that the Treasury has been 
spared thus far from entire bankruptcy. The amount on hand will be 
exhausted before the termination of the present week, when there must be 
a suspension of specie payments altogether. 



644 Houston's Idterary Remains. 

The revenue estimated to come in on July i ($343,344.27) will be much 
reduced, from the fact that the Comptroller has been, and is now drawing ad- 
vance drafts on the various assessors and collectors to meet appropriations. 
It is also well known that the assessments for the present year have been 
suspended by order of the Comptroller. Property in the meantime has been 
steadily decreasing in value, and parties will not be willing to have the same 
assessed at any more than it will bring in the market at the time of assess- 
ment. This depreciation in value will be so great, that at the present rate 
of taxation not more than half the amount estimated will be collected. The 
ordinary expenses of government, about $30,000 per month, are to be met 
until the taxes come in. 

The officers, many of whom are dependent upon their salaries for the sup- 
port of themselves and families, should be punctually paid ; but even if they 
wait until the taxes come in, the Treasury will then be without a dollar to 
pay the expenses of the next twelve months. The necessity for the adop- 
tion of measures whereby the Treasury may be replenished, must therefore 
be apparent. 

Without considering the possible contingency arising from a change in 
our Federal relations, means must be provided to meet the deficiency of 
$817,827.10 mentioned above. But should Texas withdraw from the Union, 
a new condition of things will arise which will require large expenditures. 

In view of the possibility of such a contingency happening at as early a period 
as the 2d of March, the Legislature can not fail to see the necessity of making 
such provision as will secure the safety of the State and maintain its honor. 
Steps should be taken to provide an adequate force to take the place of the 
3,000 Federal troops now in Texas. The safety of our frontier depends 
upon the action of your honorable body in this respect. A few days of delay 
may involve the most terrible consequences. Not only the Rio Grande 
frontier, but also our whole line of settlements, demand the continual 
presence of a force sufficient to intimidate our enemies from invading us in 
large bodies, and it will be the part of wisdom to guard now against the 
consequences of the removal of such a force. The expenses will be millions, 
but the lives of our people are worth more. Nor is this all. If we do not 
defend the outposts of civilization, the frontier must recede until we have 
it at our very doors. 

We must also provide for the continuation of our postal service, so that 
our people may not be deprived of communication with the world without. 
If we are to become independent of the Federal Government, let us at once 
act a manly and self-reliant part. Let not Texas be subject to the humilia- 
tion of dependence on a Government which she has thrown off. If we are 
to separate, let us have the means provided for taking care of ourselves ; 
and from the date of our separation protect our people with our own army, 
carry our own mails, and sustain ourselves as an independent people should. 
The Executive has that confidence in the people of Texas, to believe that 
if their minds are resolved on separation, they will furnish, if in their power, 
the millions necessary to maintain that ne\C position. 

The Executive relies upon the wisdom of the Legislature to devise the 
ways and means to sustain the government, and he can not but press upon 
the consideration of the Legislature (a large majority of whom regard dis- 



Last Appeal for Honor and Interest of Texas. 645 

union as a fixed fact) the importance of providing against that contingency. 
He has now performed his whole duty. If the Legislature provides the 
means to maintain the public faith, to defend the frontier, and sustain the 
government in all its departments, the Executive, faithful to the trust 
reposed in him by the people, will see to it, so far as his powers will permit, 
that the honor and interest of Texas do not suffer at his hands. If these 
be unprovided for and the government is left in its present condition, he 
will feel that this last appeal to the wisdom, justice, and patriotism of your 
honorable body will justify him to the world, should his endeavors to care for 
the interest of the people be fruitless. 

Sam Houston. 



APPENDIX. 



IN 1:878 there was published, at Austin, Texas, a pamphlet having 
a special interest as relates to the history of the State of Texas. 
It is entitled, " The Battle of San Jacinto, as viewed from both an 
American and Mexican Standpoint ; its Details and Incidents as 
Officially Reported by Major-General Sam Houston, of the Texan 
Army ; also, an Account of the Action written by Colonel Pedro 
Delgado, of General Santa Anna's Staff." The official report of 
General Houston has its place in the preceding pages of this 
volume. 

The " roster " of the Texan army engaged in that battle, which in 
the pamphlet follows General Houston's report, is one of those per- 
manent documents which will have a lasting interest, not only for 
the descendants of the men then engaged, but for their fellow- 
citizens and for the world at large. As the names of the Spartans 
who fell at Thermopylce were treasured as worthy of equal honor 
with their chieftain, so with the memory of Sam Houston should 
be sacredly guarded that of his brave associates, to whom the vic- 
tory which saved a people and won a State was due. If the Plym- 
outh obelisk holds engraved on granite the names of all that 
came to the northern extreme of the American Republic, the truest 
men of the North, the day ought not to be distant when a similar 
shaft shall enroll the names of these truest men of the South. 

The Mexican report is worthy of perpetuation ; that, so long as 
the annals of American history are read, the contrast between the 
style of thought and of expression with which the Anglo-Saxon 
settlers of Texas had to contend should be preserved as a memo- 
rial. Invited, as they were, by Santa Anna to settlement in Mexi- 
can territory, that they might strengthen the Republic established 
at the separation of the Mexican colonies from Spain, the very style 
of this report reveals the character of the man and his associates, 
who sought to force them to become the tools of the Dictator's 
personal ambition. 

The special interest of this pamphlet is enhanced by the fact 

(647) 



648 Houstoii's Literary Remains. 

that it was printed at the " Institution for the Deaf and Dumb " 
established in Texas — an index of the advance of State institutions 
at the extreme south-west of the American Union, 

MEXICAN ACCOUNT OF THE BATTLE OF SAN JACINTO. 
By Col. Pedro Delgado, of Gen. Santa Anna's Staff. 

On the 14th of April, 1836, His Excellency the President ordered his Staff 
to prepare to march, with only one skiff, and leaving his own and the offi- 
cers' baggage with General Ramirez y Sesma, who was instructed to remain 
at the crossing of the Brazos, whither we expected to return within three 
days. 

On the 13th the (lank companies of the Battalions of Matamoros, Aldama, 
Guerrero, Toluca, Mexico, and, I believe, Gaudalajara, had commenced 
crossing the river with a six-pounder commanded by Lieutenant Ignacio 
Arrenal, and fifty mounted men of Tampico and Guanajuato, who formed 
His Excellency's escort. The whole force amounted to 600 men, more or 
less. 

At about 4 o'clock p.m. His Excellency started for Harrisburg, v/ith the 
force above mentioned. 

The bottom of the Brazos is a dense and lofty timber over three leagues 
wide. On reaching the prairie we found a small creek, which offered only 
one crossing. The infantry passed it comfortably over a large tree which 
had fallen in such a manner as to form a convenient bridge. The ammu- 
nition was passed over by hand. But His Excellency, to avoid delay, or- 
dered the baggage and the commissary stores to remain packed on the 
mules. However, the water was soon over the pack-saddles, and the oppo- 
site bank was steep and slippery. Several mules fell down, interfering with 
each other, which resulted in a terrible jamming of officers and dragoons, 
pack-mules and horses. This, together with shouts and curses, completed 
a scene of wild confusion, which His Excellency witnessed with hearty 
laughter. Several officers and dragoons fell in the water ; the stores were 
damaged, and two mules were drowned. So much for the precipitation of 
this march. 

The sun had already set when we resumed the march over a muddy prai- 
rie. The night was dark ; a great many men straggled off, and our piece 
of artillery bogged at every turn of the wheel. Such -was our condition, 
when, at about 9 o'clock. His Excellency ordered a halt in a small grove, 
where we passed the night without water. 

On the 15th, at 8 o'clock a.m., most of the stragglers having joined, we 
started again. 

At about noon we reached a plantation abundantly supplied with corn, 
meal, sheep, and hogs ; it had a good garden and a fine cotton-gin. We 
halted to refresh men and beasts. 

At 3 o'clock P.M., after having set fire to the dwelling and gin-houses, 
we resumed our march. Here His Excellency started ahead with his Staff 
and escort, leaving General Castrillon in command of the infantry. We 
traveled, at a brisk trot, at least ten leagues without halting, until we reached 
the vicinity of Harrisburg at about 11 o'clock at night. His Excellency, 



Mexican Account of Santa Anna's Advance. 649 

with an Adjutant and fifteen dragoons, went on foot to that town, distant 
about one mile, entered it, and succeeded in capturing two Americans, who 
stated that Zavala and other members of the so-called Government of Texas 
had left the morning before for Galveston. A part of the infantry joined us 
on the following morning at daylight. 

On the i6th we remained at Harrisburg, to await our broken-down strag- 
glers, who kept dropping in until 2 or 3 o'clock P.M. 

On the opposite side of the bayou we found two or three houses well sup- 
plied with wearing apparel, mainly for v/omen's use, fine furniture, an excel- 
lent piano, jars of preserves, chocolate, fruit, etc., all of which were appro- 
priated for the benefit of His Excellency and his attendants. I and others 
obtained only what they could not use. After the houses had been sacked 
and burnt down, a party of Americans fired upon our men from the woods ; 
it is wonderful that some of us, camped as we were along the bank of the 
bayou, were not killed. The Quartermaster-Sergeant of Matamoros was 
seriously wounded. This incident took place at 5 o'clock p.m. On the 
same day Colonel Almonte started from Harrisburg for New Washington 
with the cavalry. 

On the 17th, at about 3 o'clock p.m.. His Excellency, after having in- 
structed me to burn the town, started for New Washington with the troops. 
It was nearly dark when we had finished crossing the bayou. Then a courier 
from General Almonte arrived, upon which His Excellency ordered Colonel 
Iberri to start with his Adjutant, bearing dispatches to General Filisola on 
the Brazos. At 7 o'clock p.m. we resumed our march. Our piece of artil- 
lery bogged at every moment in some hole or ravine. As it was found 
impossible for the draught mules to cross a narrow bridge, rendered still 
more dangerous by darkness and rain, His Excellency instructed General 
Castrillon to head the bayou with the cannon, three leagues above, with an 
escort of only one company of infantry. 

Shortly after 10 o'clock at night a violent storm set in ; darkness caused 
us to wander from our course, in consequence of which His Excellency 
ordered a halt, requiring every man to stand in the ranks, without shelter 
from the rain. 

On the morning of the i8th we moved on, our cannon being still far away. 

At noon we reached New Washington, where we found flour, soap, to- 
bacco, and other articles, which were issued to the men. His Excellency 
instructed me to mount one of his horses, and, with a small party of dra- 
goons, to gather beeves for the use of the troops. In a short time I drove 
in more than one hundred head of cattle, so abundant are they in that 
country. 

General Castrillon came in, at 5 o'clock p.m., with the cannon. 

On the 19th His Excellency ordered Captain Barragan to start with a de- 
tachment of dragoons to reconnoitre Houston's movements. We halted at 
that place, all being quiet. 

On the 2oth, at about 8 o'clock a.m., everything was ready for the march. 
We had burnt a fine warehouse on the wharf, and all the hpuses in the town, 
when Captain Barragan rushed in at full speed, reporting that Houston was 
close on our rear, and that his troops had captured some of our stragglers, 
and had disarmed and dispatched them. 



650 Hou8ton^8 Literary Remains. 

There is in front of New Washington a dense wood, through which runs 
a narrow lane, about half a league in length, allowing passage to pack-mules, 
in single file only, and to mounted men in double file. This lane was filled 
with our pickets, the drove of mules, and the remainder of the detachment. 
His Excellency and Staff were still in the town. Upon hearing Barragan's 
report, he leaped on his horse, and galloped off at full speed for the lane, 
which, being crowded with men and mules, did not afford him as prompt 
an exit as he wished. However, knocking down one, and riding over an- 
other, he overcame the obstacles, shouting at the top of his voice, " The 
enemy are coming ! the enemy are coming ! " The excitement of the Gen- 
eral-in-chief had such a terrifying effect upon the troops that every face 
turned pale ; order could no longer be preserved, and every man thought of 
flight, or of finding a hiding-place, and gave up all idea of fighting. Upon 
reaching the prairie a column of attack was formed with trepidation and 
confusion, amidst incoherent movements and contradictory orders. 

At this moment His Excellency did me the honor to place me in com- 
mand of the artillery and ordnance, giving me his orders verbally, with 
strict injunctions as to my responsibility. Meanwhile, the officers having 
dismounted and taken their stations in front of their commands, we moved 
in search of the enemy, with flankers on both sides to explore the woods. 
As the knapsacks might impede the movements of the men, His Excellency 
ordered that they should be dropped on the road, still preserving our forma- 
tion. The order was obeyed, the knapsacks being left in the keeping of 
Providence or fortune, and we resumed our march. 

It was 2 o'clock p.!\i. when we descried Houston's pickets at the edge of 
a large wood, in which he concealed his main force. Our skirmishers com- 
menced firing ; they were answered by the enemy, who fell back in the 
woods. His Excellency reached the ground with our main body, with the 
intention, as I understood, of attacking at once ; but they kept hidden, 
which prevented him from ascertaining their position. He, therefore, 
changed his dispositions, and ordered the company of Toluca to deploy as 
skirmishers in the direction of the woods. Our cannon, established on a 
small elevation, opened its fire. The enemy responded with a discharge of 
grape, which wounded severely Captain Urrizia, and killed his horse. 

At this moment His Excellency came to me and ordered me to unload 
the ordnance stores, and to turn over the twenty mules on which they were 
packed to Captain Barragan, who was instructed to bring in the knapsacks 
which had been left on the road. I was cautious enough to part with only 
eighteen mules, keeping two for an emergency. 

Then His Excellency went to look for a camping-ground, and established 
his whole force along the shore of San Jacinto Bay, at least one mile from 
the place where I had been left. About one hour later I received orders, 
through Colonel Bringas, to come into camp immediately with the ordnance 
stores and the piece of artillery. That officer was, also, the bearer of orders 
to the company of Toluca, the only force that checked the enemy, to 
fall back likewise. I observed to Colonel Bringas that it would take some 
time to execute this order — the chests, as His Excellency knew, being piled 
up on the ground, and I having only two mules upon which to load them ; 
and, futhermore, that should the company of Toluca leave me unsupported, 



Mexican Disposition for Battle, 051 

the enemy would probably pounce upon the stores, all of which would go to 
the devil. Colonel Bringas advised me to do as best I could, adding that I 
ought to know that no observations could be made to His Excellency, and 
he had no desire to argue with him in the raving state of mind in which 
he was. 

The Colonel parted with me, followed by the company of Toluca. It may 
well be imagined that, as soon as the enemy saw our artillery and stores 
unprotected, he paid them special attention. He established his cannons in 
such a manner as to disable our guu and to support an attack, should it take 
place. Their first shot shattered the caisson on the limber ; another scat- 
tered about our ordnance boxes ; another, again, killed two fine mules ; and 
they kept annoying us during the two long hours it took me to remove, 
with only two mules, forty and odd boxes of ammunition. How the Gen- 
eral-in-chief had endangered the whole division ! I acknowledge that I 
had never before been in such danger. What would have become of me if, 
in consequence of the General's order, the enemy had captured our artillery 
and stores, as he might have done, unsupported as it was ? I had no re- 
source left but to make the best defense I could with my gun. For this pur- 
pose I instructed Lieutenant Arenal to have it loaded with grape, and not 
to fire until the enemy came within close range, in order both to spare am- 
munition and to intimidate the assailants. 

At length, at 5 o'clock P.M., my duty was performed, and. as I entered the 
camp with the last load, I was closely followed by the enemy's cavalry. His 
Excellency noticing it, instructed me to order Captain Aguirre, who com- 
manded our cavalry, to face the enemy, without gaining ground. This 
movement checked the enemy for a few moments ; but, soon after, they 
dashed upon our dragoons, and were close enough to engage them with the 
sword, without, however, any material result. Then His Excellency, de- 
ploying several companies as skirmishers, forced the enemy back to his 
camp, on which he retired sluggishly and in disorder. 

This last engagement took place after sundown. 

At daybreak on the 21st, His Excellency ordered a breastwork to be 
erected for the cannon. It was constructed with pack-saddles, sacks of hard 
bread, baggage, etc. A trifling barricade of branches ran along its front 
and right. 

The camping-ground of His Excellency's selection was, in all respects, 
against military rules. Any youngster would have done better. 

We had the enemy on our right, within a wood, at long musket range. 
Our front, although level, was exposed to the fire of the enemy, who could 
keep it up with impunity from his sheltered position. Retreat was easy for 
him on his rear and right, while our own troops had no space for manoeu- 
vering. We had in our rear a small grove, reaching to the bay shore, which 
extended on our right as far as New Washington. What ground had we to 
retreat upon in case of a reverse 1 From sad experience, 1 answer— None ! 

A few hours before the engagement I submitted to General Castrillon a 
few remarks on the subject, suggested by my limited knowledge. But he 
answered : " What can I do, my friend } I know it well, but I can not help 
it. You know that nothing avails here against the caprice, arbitrary will, 
and ignorance of that man." This was said in an impassioned voice, and in 
close proximity to His Excellency's tent. 



652 Housto7i's Literary Memains. 

At 9 o'clock A.M. General Cos came in with a reinforcement of about 500 
men. His arrival was greeted with the roll of drums and with joyful shouts. 
As it was represented to His Excellency that these men had not slept the 
night before, he instructed them to stack their arms, to remove their accou- 
trements, and to go to sleep quietly in the adjoining grove. 

No important incident took place until 4:30 p.m. At this fatal moment 
the bugler on our right signaled the advance of the enemy upon that wing. 
His Excellency and Staff were asleep ; the greater number of the men were 
also sleeping ; of the rest, some were eating, others were scattered in the 
woods in search of boughs to prepare shelter. Our line was composed of 
musket stacks. Our cavalry were riding bare-back to and from water. 

I stepped upon some ammunition boxes, the better to observe the move- 
ments of the enemy. I saw that their formation was a mere line in one rank, 
and very extended. In their center was the Texas flag ; on both wings they 
had two light cannons, well manned. Their cavalry was opposite our front, 
overlapping our left. 

Tn this disposition, yelling furiously, with a brisk fire of grape, muskets, 
and rifles, they advanced resolutely upon our camp. There the utmost con- 
fusion prevailed. General Castrillon shouted on one side ; on another 
Colonel Almonte was giving orders ; some cried out to commence firing; 
others to lie down to avoid grape-shots. Among the latter was His Excel- 
lency. 

Then, already, I saw our men flying in small groups, terrified, and shel- 
tering themselves behind large trees. I endeavored to force some of them 
to fight, but all efforts were in vain — the evil was beyond remedy ; they were 
a bewildered and panic-stricken herd. 

The enemy kept up a brisk cross-fire of grape on the woods. Presently 
we heard, in close proximity, the unpleasant noise of their clamors. Meet- 
ing no resistance, they dashed, lightning like, upon our deserted camp. 

Then I saw His Excellency running about in the utmost excitement, 
wringing his hands and unable to give an order. General Castrillon was 
stretched on the ground wounded in the leg. Colonel Trevino was killed, 
and Colonel Marcial Aguirre was severely injured. I saw, also, the enemy 
reaching the ordnance train, and killing a corporal and two gunners who 
had been detailed to repair cartridges which had been damaged on the pre- 
vious evening. 

Everything being lost, I went — leading my horse, which I could not 
mount, because the firing had rendered him restless and fractious — to join 
our men, still hoping that we might be able to defend ourselves, or to retire 
under the shelter of night. This, however, could not be done. It is a known 
fact that Mexican soldiers, once demoralized, can not be controlled, unless 
they are thoroughly inured to war. 

On the left, and about a musket-shot distance from our camp, was a small 
grove on the bay shore. Our disbanded herd rushed for it, to obtain shelter 
from the horrid slaughter carried on all over the prairie by the bloodthirsty 
usurpers. Unfortunately, we met, on our way, an obstacle ditlicult to over- 
come. It was a bayou, not very wide, but rather deep. The men, on reach- 
ing it, would helplessly crowd together, and were shot down by the enemy, 
who was close enough not to miss his aim. It was there that the greatest 
carnage took place. 



Mexican Humiliation at Defeat. 653 

Upon reaching that spot, I saw Colonel Almonte swimming across the 
bayou with his left hand, and holding up his right, which grasped his sword. 

I stated before that I was leading my horse, but, in this critical situation, 
I vaulted on him, and, with two leaps, he landed me on the opposite bank 
of the bayou. To my sorrow, I had to leave that noble animal, mired, at 
that place, and to part with him, probably forever. As I dismounted I sank 
in the mire waist deep, and I had the greatest trouble to get out of it by 
taking hold of the grass. Both my shoes remained in the bayou. I made 
an effort to recover them, but I soon came to the conclusion that, did I 
tarry there, a rifle shot would certainly make an outlet for my soul, as had 
happened to many a poor fellow around me. Thus I made for the grove 
barefooted. 

There I met a number of other officers, with whom I v/andered at ran- 
dom, buried in gloomy thoughts upon our tragic disaster. We still enter- 
tained a hope of rallying some of our men, but it was impossible. 

The enemy's cavalry surrounded the grove, while his infantry penetrated 
it, pursuing us with fierce and bloodthirsty feelings. 

There they killed Colonel Batres ; and it would have been all over with 
us had not Providence placed us in the hands of the noble and generous 
captain of cavalry, Allen, who, by great exertion, saved us repeatedly from 
being slaughtered by the drunken and infuriated volunteers. 

Thence they marched us to their camp. I was barefooted ; the prairie had 
recently been burnt up, and the blades of grass, hardened by fire, penetrated 
like needles the soles of my feet, so that I could scarcely walk. This did 
not prevent them from striking me with the butt end of their guns, because 
I did not walk as fast as they wanted. 

These savages struck, with their bayonets, our wounded soldiers lying on 
the way ; others, following them, consummated the sacrifice with a musket 
or a pistol shot. 

I can not forbear mentioning an incident which afifected me deeply, and, 
I believe, had xhz same effect on my companions. We were about one hun- 
dred and fifty officers and men picked up by Allen's party, who marched us 
to their camp under close guard. I have no doubt that the Americans, 
amidst the hurrahs and exultation of their triumph, were lavish of insults ; 
however, not understanding their language, we did not feel them. But one 
of our own countrym.en, who had joined the enemy's cause, assailed us, in 
our own language, with such a volley of threats, insults, and abuse, that the 
tongue of that vile and recreant Mexican seemed to have been wrought in 
the very caves of hell, and set in motion by Lucifer himself. " Now, you 
shall see," he said, " contemptible and faithless assassins, if you do not pay 
with your vile blood for your murders at the Alamo and La Bahia. The 
time has come when the just cause we defend triumphs over you ; you shall 
pay with your heads for the arson, robberies, and depredations you have 
committed in our country," etc., etc. 

What a welcome for honorable men, who knew, in the depth of their 
hearts, that they had acted in accordance with the dictates of duty, when, 
unfortunate, prostrate, and humbled in the extreme, the fate of war had 
placed their lives at the mercy of these brigands, and when they were await- 
ing, with resignation, the consummation of the sacrifice ! Can such wicked 
men exist .'' 



654 Houston'' s Literary Remains. 

At last we reached the camp. We were seated on the ground, by twos, 
as we had marched. On the bay shore our thirst had been quenched with 
an abundance of water, which Allen and others allowed to pass from hand 
to hand until all of us were satisfied. A crowd gathered around us, asking, 
with persistent impertinence, " General Santa Anna } General Cos ? " We 
knew not the fate of these gentlemen ; but, to rid ourselves of their repeated 
questions, we answered : " Dead ! dead ! " I still wore my embroidered 
shoulder-straps on my jacket ; they attracted their attention, and one after 
another would say : " You General ? " " Me no General ! " would I answer, 
until one of the indefatigable questioners tore ofif my shoulder-straps 
angrily. I was glad of it, as they ceased importuning me with their ques- 
tions. 

After having kept us sitting about an hour and a half, they marched us into 
the woods, where we saw an immense fire, made up of a huge pile of wood, 
even whole trees being used. I and several of my companions were silly 
enough to believe that we were about to be burnt alive, in retaliation for 
those who had been burnt in the Alamo. We should have considered it an 
act of mercy to be shot first. Oh ! the bitter and cruel moment ! However, 
we felt considerably relieved when they placed us around the fire to warm 
ourselves and to dry our wet clothes. We were surrounded by twenty-five 
or thirty sentinels. You should have seen those men, or rather phantoms, 
converted into moving armories ; some wore two, three, and even four brace 
of pistols ; a cloth bag, of very respectable size, filled with bullets ; a powder- 
horn ; a sabre, or a bowie-knife, besides a rifle, musket, or carbine. Every 
one of them had in his hand a burning candle. I wonder where they obtained 
so many of them, for the heat of their hands and the breeze melted them 
very fast, and yet that illumination was kept up the whole night. Was this 
display of light intended to prevent us from attempting an escape ? The 
fools ! where could we go in that vast country, unknown to us, intersected 
by large rivers and forests, where wild beasts and hunger, and where they 
themselves, would destroy us ? 

Early on the 22d our camp was visited by the so-called Secretary of War, 
Mr. Rusk, who asked us endless questions upon the grand topic of the day 
— our defeat and their unexpected success. Colonel Juan N. Alm^onte, the 
only one of us who spoke English, answered his questions. That gentle- 
man renewed his visits. Once he asked for a list of the names, surnames, 
and rank of the captured officers, which list was promptly made up by Al- 
monte, with a pen or pencil, I do not remember which,, and handed over 
immediately. 

There were not wanting among us officers sufiiciently forgetful of duty 
and of the dignity and decorum of their rank to mingle with the enlisted 
men, because it was rumored that from sergeant down would be spared, and 
from lieutenant upward would be shot. What a shame that such contempti- 
ble beings, destitute of honor, should still associate with those who have 
always proudly borne, and gloried in, their noble badges of office. 

Some Americans would come and tell us, in broken Spanish, what was 
going on amongst their leaders, stating that the officers and the people — 
that is, the soldiery — were holding a meeting to consider the question 
whether we should be shot before notifying it to their Government, or 



Spoils of Mexican Cam]) and Stores. 655 

whether the execution should be postponed until ordered by the superior 
authority. Such was the state of our affairs when the assembly, roll-call, or 
something else, was beaten. Over a hundred men fell into line ; they loaded 
their guns, and then stood at ease. We felt rather nervous. I, for one, was 
as cold as ice, believing that those in favor of immediate execution had car- 
ried the point, and that the fatal moment had come. Soon, however, our 
confidence returned, when a good man (they are to be found everywhere) 
told us to cheer up, as Houston, Rusk, Allen, and others, whom I respect 
for it, had opposed the motion. In fact, the party that had been formed 
near us went to relieve the guard. 

At this time they began bringing in, on wagons and on our own mules, 
the arms, stores, clothing, baggage, and all the spoils of our camp, which 
operation took four whole days. 

At 7 o'clock P.M. His Excellency the General-in-chief, Don Antonio Lopez 
de Santa Anna, arrived, under the charge of a mounted soldier. He wore 
linen trowsers, a blue cotton jacket, a cap, and red worsted slippers. His 
leader did not know him, but, noticing a motion of curiosity amongst us as 
he approached, he became satisfied that he was conducting no common 
officer, and reported at once with him to General Houston. The latter sent 
two of his Adjutants to inquire of us whether Santa Anna had lost any 
teeth ; some answered that they did not know ; but others, with more can- 
dor, or, perhaps, less discretion, said : " Yes, gentlemen ; and you may 
further say to your General, that the person just brought before him is 
President Santa Anna himself." The news spread over the whole camp, 
and the inquisitive fellows who surrounded us ran to strike up an acquaint- 
ance with His Excellency. Some of them proposed to fire salutes, and to 
make other demonstrations to celebrate the capture of so lofty a person. 
But Houston courteously forbade it. From this time we were left alone. 
His Excellency having become the center of attraction. 

On the 23d seventy or eighty loads of ordnance stores had already been 
brought in, and deposited, together with piles of loaded muskets and of 
cartridge-boxes, in close proximity to our camp. 

We had noticed repeatedly that some of the Americans went about that 
combustible matter, and even handled it, with their pipes in their mouths. In 
one of these instances of carelessness, some grains of powder, scattered on 
the ground, were ignited ; the fire reached the cartridge-boxes and their 
contents, and soon extended to the pans of the muskets, which exploded 
like an infernal machine. The prairie, too, was set on fire, and the covers 
of the ordnance-boxes were already burning. Those nearest the scene of 
danger took to flight ; we and our sentinels followed, and, although we 
knew that they would be dissatisfied at our race, and might possibly fire at 
us, we kept running. Then the guard, and even some of the officers, in 
view of the increasing danger, chose not to remain hindmost, and kept pace 
with us, expecting at every moment the fatal explosion. We had run a 
considerable distance, when we turned round, and saw that the fire had been 
extinguished. We could not help applauding the resolution and bold de- 
termination with which some of these extraordinary men had rushed into the 
flames, and smothered them with their feet and blankets, and some water 
drawn from the bay. We had a narrow escape. I thought at one time that 



656 HoustoTi's Literary Hemains. 

the conquerors of San Jacinto would all be blown up into eternity ; not, 
however, without some regret on my part to have to go the way they went, 
owing to their stupid carelessness. 

On the 24th several batches of officers and men were brought in by the 
numerous scouting parties sent out to search the country. 

At 5 o'clock P.M. a steamboat arrived, having on board the Texan Presi- 
dent, Vice-President Zavala, and other members of the administration. 

The artillery on board, consisting of two guns, fired a salute of five 
rounds ; the troops in camp were formed in line, and received their supreme 
magistrate with hurrahs ; then he was conducted triumphantly to General 
Houston's tent. 

Among the Yankees who spoke Spanish a little, and came to talk with, 
or rather to insult us, was a hunchback, an inveterate talker. The wretch, 
who did not measure a yard and a half above the ground, took a wicked 
pleasure in bringing us stirring and unpleasant news. He boasted much of his 
gallantry, and, when reciting his many acts of prowess, the little rascal would 
say : "Well, did Santa Anna believe that he could trifle with us ? Not he ! 
He can, perhaps, fight his own people, because he knows them, and knows, 
also, that they are not brave, gallant, and determined, as we are. He 
thought us far away, poor fellow ! without noticing that we were on his 
tracks, keeping him in sight, counting, with our spy-glasses, on tree-tops, 
his men, one by one, and allowing him to come and entrap himself in this 
corner, with no means of escape, as we had burnt the bridge over the bayou 
behind him, and had made our preparations to bag every one of you. If he 
does not sign, at once, a treaty putting an end to the war, and removing 
every Mexican soldier from our territory, it will cost not only his life, but 
also the lives of all you prisoners." Such was the conversation of our bold 
little hunchback. 

On the 25th, General Cos and Captains Bachiller and Iberri were confined 
with us. The presence of the General had created such a sensation among 
the conquerors that they crowded and quarreled for a sight of him — they 
would even push off the sentinels. The General found it expedient to lie 
down, wrapping his head in his blanket, to avoid the annoyance of their 
impertinent curiosity. Scoundrels were not wanting who would have mur- 
dered him. 

On the 26th our property was sold at auction. It was hard to see them 
breaking our trunks open, and every one of them loaded with our shirts, 
trousers, coats, etc., whilst we remained with what we had on our bodies. 

I saw my boots going, while my blistered feet were wrapped up in pieces 
of raw hide. 

To make up for our cloaks, overcoats, and blankets, which belonged to 
the highest bidder, they favored us with the great-coats of our own soldiers, 
which were so lousy that we had the greatest trouble to rid ourselves of the 
vermin ; and, still, we had nothing else with which to cover ourselves. 

His Excellency, the General-in-chief, alone had the good fortune to pre- 
serve most, if not the whole, of his baggage. 

The saddle and pack-mules belonging to our division were also distrib- 
uted among the conquering officers and soldiers. 

It was quite amusing to see these gentlemen putting riding saddles on 
some fractious and wicked mule, which knew nothing beyond the pack. 



Texan Hangers on Mexican Mides. 057 

They would adorn them with the green and red cords which our Vol- 
tigeurs and Grenadiers wore on their caps, placing them on their ears, necks, 
or backs. One did put two pair of blinds on one mule — one on the head- 
stall, as it should be, and the other on the nose-band, stopping the poor 
animal's nostrils. 

They would also bedeck their mules with the epaulets of our officers, car- 
ing little if one was white and the other yellow — they glittered, that was 
enough. They delighted in covering their animals with all sorts of trap- 
pings and colors, after the fashion of our bull-fight clowns. 

One of these young chevaliers attracted more especially my attention. 
He had saddled up and adorned his mule, without, however, noticing that 
the surcingle was loose. He mounted the long-eared steed, which was held 
fast by some of his friends whilst he steadied himself in the saddle. They 
let go ; and you should have seen the brute scampering over God's own 
green fields, and scattering about its trappings and ornaments. Lo ! our 
poor Yankee flies on high with his saddle, and drops heavily on the ground, 
from which he could not rise, his ribs being somewhat damaged. This was 
not the worst, but the mule, once in the woods, could not be caught again. 
Trials of horsemanship lasted the whole day, but most of the champions 
shared the fate of the first one. How strange these men are ! Many of 
them act and feel like the wild Comanche. 

On the 27th and following days, no incident took place worth being no- 
ticed. I will only say, to the everlasting shame of our conquerors, that they 
kept us starving, sleeping in the mud, and exposed to frequent and heavy 
showers. Still more intolerable was the stench arising from the corpses on 
the field of San Jacinto, which they had not the generosity to burn or to 
bury, after the time-honored custom, regardless of their own comfort and 
health and those of the surrounding settlements. 

On the 3d of May, at 4 o'clock p.m., we were sent to another camp, dis- 
tant a little over one league. There were two or three frame houses, but they 
were occupied by both the conquering and conquered Generals, lodgings 
being provided for us under the trees. There, again, an attempt was made 
to murder General Cos. 

Four days passed along quietly. 

On the 7th, at 5 o'clock' p.m., they marched us on board the steamboat 
Yellow Sto7ie, where we found General Santa Anna, the President, Senor 
Zavala, and other dignitaries of their so-called Gov^ernment. Shortly after 
General Houston was carried on board on his cot, on his way to New Or- 
leans to obtain medical attendance for a wound he had received in his leg 
at San Jacinto. There was also the Mexican General Adrian Woll, who had 
come from our army under flag of trure. This gallant General, our good 
friend, was dismissed at sundown, being hardly allowed to embrace two or 
three of us, with a few hurried words, as we were surrounded by very strict 
and insolent guards. I saw, as he landed, tears of indignation gushing forth 
from his eyes at the wretched and degraded condition of his brothers-in- 
arms. I am sure he wished he was lightning, to smite our oppressors. In 
parting with us, he expressed the deepest sorrow. 

The officer under whose charge we were on board was, if I do not mistake, 
a physician, and was extremely harsh and tyrannical. After sunset we were 
42 



C58 Houston! s Liter ary Remains. 

no longer permitted to move, having to sleep on deck, crowded, like bars 
of soap, on top of each other. Positive orders had been given to the sen- 
tinels to blow out the brains of any man that raised his head. Therefore, 
without obtaining a drink of water, or being allowed to attend to the wants 
of nature, we laid our heads down, motionless, until sunrise. 

Very early on the 8th, after striking a bell three times, as is customary on 
these vessels, the machine was set in motion, and we glided down to Gal- 
veston. Not to forget it, I will mention a strange incident. As the steam- 
boat passed opposite the battle-field of San Jacinto, the troops on board 
were formed, facing to the field, and presented arms, the drums beating a 
march. They remained in that position until they had lost sight of the 
field. What was their object ? 

A little after 12 o'clock M. we reached Galveston, remaining in the sun 
the rest of the day. 

There we passed another unpleasant moment. The company from Ken- 
tucky was composed of the most reckless, drunken, and lawless men in the 
Texan army, and we prisoners were placed under the charge of these lambs. 
Some of the men began, I do not know why, to fight with their fists, which 
soon brought about a general melee. They struck at each other indiscrimi- 
nately, some seizing their rifles and pistols. Officers interfered, and were soon 
mingled in the row, giving and receiving blows. Soldiers knew no longer 
their officers, and a fierce affray raged for some time. The uproar and stamp- 
ing of feet on the deck attracted the attention of the gentlemen in the 
cabin below. They came out to ascertain the cause of the difliculty, but the 
rascals were so hotly engaged in their contest that they did not mind the 
voice of their President and other chiefs any more than the barking of dogs. 
Fearful that the disorder might increase, and, perhaps, end in a tragic man- 
ner, we remained motionless. At length, by choking some of them, and by 
the utmost exertion^ the brave Captain Allen succeeded in restoring order. 

General Santa Anna was transferred on board the Indepoidence, and we 
were landed at sunset. 

I was lucky enough to meet Lieutenant Carlos Ocampo, of the Battalion 
of Jimenes, who gave me a bounteous supply of coffee and hard bread, with 
which I made up for the last two days' fast. For several days our philan- 
thropic benefactors had allowed us but one ounce of food. The citizens 
Don Ramon Murgo and Don Gil Hernandez, who had been captured on a 
Mexican vessel boarded by the Texans, shared the captivity of Lieutenant 
Ocampo. The bad treatment inflicted by these wretches on that officer can 
scarcely be conceived. I saw his shoulders covered with stripes and sores, 
resulting from one hundred lashes laid on him when fastened to a gun. 

On the 9th the officers were assigned a camping-ground — less than fifty 
square yards — where we remained until the middle of August. Our condi- 
tion was infinitely worse on that accursed island, because we had no whole- 
some water, nor the shelter of shade trees, which we had enjoyed on our 
former camping-grounds. The heat is much more intense on the coast, 
and, besides, we had to contend with myriads of flies, mosquitoes, and sand- 
crabs, not to speak of continual storms and showers. Such were the swarms 
of mosquitoes, that it would seem that the whole species in the world had 
taken Galveston for a place of rendezvous. The sand-crabs v/ould bite, with- 



Short Rations of Mexican Captives. 659 

out, however, being venomous ; but they gnawed and destroyed our wretched 
clothing. The little pests became so tame that large numbers of them lived 
and slept among us. So many enemies at the same time were too many for 
us. Within forty days few amongst us were still in good health. From lo 
o'clock in the morning the sun darted its rays so intensely upon our tents 
that they became suffocating, their temperature rising to that of an oven, 
and forcing us out. We obtained water from holes dug on the bay shore — 
it was warm, and tasted horridly. 

As to food — so long as the stores of a vessel, robbed by them from our 
nation, lasted, we fared tolerably well ; but, these supplies being exhausted, 
they starved us again. 

The tidings of San Jacinto had spread abroad. Those who received them 
with the greatest delight were a certain class of vagabonds and lawless men, 
burdened with crimes, who hid themselves in the large city of New Orleans. 
These Gipsies, the refuse of the world, had some scruple in joining the 
cause of Texas, as congenial as it was to them, for the mere trifling fact that 
Santa Anna had entered it with 6,000 Mexicans. They had preferred to 
pause, with due regard for their valuable skins, and await the result. No 
sooner, however, had they heard of the disaster of the 21st of April, than 
their patriotism was screwed up to the highest pitch. They became louder 
in their boasts ; ran to enlist to fill up the ranks of the Texan rebels, as ad- 
venturers or volunteers, and shipped at once to join the army. Henceforth 
shiploads of that hateful rabble came in quick succession from New Orleans. 
Now they could, without danger, squabble over the league of land, or for 
the ownership of the land of plenty. As they approached the coast of Gal- 
veston, and descried the promised land, Orestes-like, they greeted with en- 
thusiasm their beloved new home. Their hurrahs and expressions of joy 
were interspersed with deep and repeated draughts of their horrid whiskey. 
All their trust and hope lay now in the dense forests and fertile plains of 
Texas. 

Such were not our feelings. Whenever the arrival of these new-comers 
was announced, gloom prevailed in our camp, knowing that we had to ex- 
pect every kind of impertinence. Every gang of that rabble that came sur- 
rounded our camp, most of them being drunk, and thought it becoming to 
make a display of bravery and patriotism, by pouring upon us a volley of 
Godames, and other abusive expressions. Our outward appearance was, 
unfortunately, quite ridiculous ; filthy, lean, unshorn, most of us sick, some 
in rags, or all but naked, we sought, naturalh% to hide ourselves. Not so, 
however ; we were compelled to form in line, in order that nothing might 
escape the scrutiny, criticism, and merriment of our inquisitive visitors, who, 
of course, conceived a poor idea of the Mexican people from the samples 
exhibited before them. Nevertheless, and in spite of the helpless condition 
in which they saw us, they discussed among themselves the propriety of 
calling on us at night for the charitable purpose of murdering us. General 
Cos, who had received several reports on that subject, sent for the command- 
ant of the camp to acquaint him with the facts, and to request him to pro- 
tect us by an increase of guards and vigil-ance. 

There were among the volunteers some men of wealth and education who 
came to our camp for the only purpose of visiting, and being acquainted 



6G0 HoKPitoii's Literary Remains. 

with, the prisoners. These gentlemen were accompanied to our camp by 
the commandant, who introduced them to us with much regard and for- 
mahty. After a short conversation, through an interpreter, they took leave 
of us, to call on Don Martin Prefecto de Cos. 

This noble and young Mexican General was our constant companion and 
good friend in captivity, relieving, by all means in his power, his country- 
men, and particularly the sick, giving them clothing, money, and other nec- 
essaries. He met the annoyances of captivity with noble resignation ; with 
his lofty manners and perfect breeding, he soothed the ferocious nature of 
these tigers, causing them to become more tractable and humane with us. 
Colonel Morgan, the commandant of our camp, was a harsh and rough 
man, a violent enemy to the Mexicans. Nevertheless, he became so at- 
tached to Cos that he asked of him his portrait, which he showed to all his 
friends as a particularly valuable gift. Cos evinced such a calm dignity in cap- 
tivity, that twice, or three times, assassins, who had resolved upon his death, 
desisted from their design upon seeing him, embraced him, and became his 
friends. Let it not be said that I flatter him, for I have never received any 
favor from him ; therefore my praise should be above suspicion. 

I have said that we remained on Galveston Island until the middle of 
August. 

On the 1 6th of that month we slept on board a schooner, the name of which 
I do not remember, and, on the i8th, we landed at the town of Anahuac, 
where we remained up to the 25th. At 4 o'clock p.m. we started for Liberty, 
ten leagues in the interior of Texas, under the orders of Judge William 
Hardin, of that locality. On our arrival we camped in Judge Hardin's yard, in 
a small, shady grove. There we breathed a pure air, enjoyed a milder cli- 
mate, wholesome water, together with much more comfort and liberty. At 
length we were free from the rod of that pitiless Morgan and the incessant 
insults of the volunteer rabble. 

Soon, however, provisions gave out, notwithstanding the repeated and 
urgent applications of Hardin to his Government, which failed to attend 
to them. 

It is proper to say, to the honor and credit of Don Francisco Pizarro Mar- 
tinez, Mexican Consul at New Orleans, that, when we were destitute of food, 
clothing, and all other necessaries-;— most of us down struggling with chills 
and fever, the prevailing disease in that country between the months of Oc- 
tober and December — this worthy Mexican sent us a supply of excellent 
hard bread, sugar, coffee, blankets, and a plain suit of clothes for everyone 
of us. I am convinced that nothing but the timely arrival of these gifts 
saved our lives. Had they been delayed only fifteen days most of us would 
have died, as happened with fifteen of our companions who were laid in the 
grave, from exhaustion, before that supply reached us. 

Judge Hardin relieved our bitter condition by all means in his power, re- 
taining for himself the worst of his houses, in order to appropriate the two 
others for the sick. Being ill himself, he went, personally, for a physician, 
medicine, or whatever we needed. He listened to our frequent applications 
with remarkable patience ; granted them if he could ; if not, he felt deeply 
concerned. For the mere form he kept over us two sentinels at night, re- 
lieving them in day-time, and allowing some of us to walk about town. In 



lleleme after a Yearns Captlvitij, 661 

the month of November he built a fine frame house, at his own expense, to 
shelter us from rain and cold. After a short time he became very much 
attached to us, and felt so grieved at our unfortunate condition that he 
withdrew entirely the small detachment that guarded us, and allowed us 
the limits of th: town. Should some drunken man insult us, he went, or 
sent some member of his family, to drive him out. Meat and salt were our 
only rations, and these often gave out. Then, even in the stormiest or 
coldest days, Hardin would shoulder his rifle and walk out to kill a beef, 
which he sent, ready butchered, to our quarters. When we were out of ra- 
tions, which happened not seldom, his good and virtuous wife was kind 
enough to send us large pieces of seasoned beef, bacon, coffee, sugar, bread, 
and whatever was placed upon her own table. On one occasion she removed 
from her family beds five or six mattresses, which were placed on the beds 
of as many of the sick prisoners. Again, on another occasion, she dis- 
tributed among us half a barrel of hard bread, all that was left for her own 
use. The butter, potatoes, and corn in the house belonged to the prisoners. 

Oh ! virtuous family ! How great and how many your exertions have 
been to relieve the despair of our sorrowful and destitute condition ! Oh, 
William Hardin ! thy name, and that of thy noble wife, will be imperishable 
in the hearts of the Mexican prisoners, who, victims of fate, suffered the 
unexpected disaster of San Jacinto ! I vow that, although thou art among 
the criminal enemies of my beloved country, whether of thy own free will, 
or because thy destiny so willed it, I will never cease to proclaim and praise 
thy meritorious and charitable conduct toward us. 

A ball was given by the citizens of Liberty, on the 21st of April, 1837, to~^ 
which all the neighboring families were invited. 

The ball was intended to commemorate the bloody 21st of April, 1836, on 
which day so many illustrious Mexicans were immolated. These people 
had the effrontery to invite to that criminal entertainment General Cos, 
who, of course, declined. It was told to hirh by a man of some standing 
that there were alarming conversations about the Mexican prisoners. This 
report was not altogether groundless, inasmuch as the gatherings of those 
besotted people are invariably more or less influenced by mean liquors. In 
consequence we spent a very uncomfortable night. 

However, it so happened that Bacchus inspired them with gentler feel- 
ings. There is no evil that does not work some good. We were told that 
they deliberated at length upon the question of the prisoners, and that they 
resolved to send a petition to their Government, which was signed even by 
the ladies, asking it to dispatch us at once or to set us free, as we were eat- 
ing up their meat and supplies. They added that their destitution was 
daily increasing, and that they would soon have nothing left for their fami- 
lies, unless the Government granted them prompt relief. 

Hallowed be the hour when this petition was inspired ! Its result was 
that we were set free, which happy news reached us on the memorable 25th 
day of April, 1S37. 



662 HoustorCs Literary Hemains. 



RETURN OF KILLED AND WOUNDED IN THE ACTIONS OF 
THE 20TH AND 2IST OF APRIL, 1836. 



Major-General Sam Houston, wounded severely. 

FIRST REGIMENT TEXAS VOLUNTEERS. 

Co7}tpa>iy A. — Geo. Waters, private, slightly wounded on the 21st. 
Company B. — James Counly, private, badly wounded on the 21st. 

Wm, S. Walker, private, badly wounded on the 21st.* 
Co7npany C. — Capt. Jesse Billingsley, slightly wounded on the 21st. 

Lemuel Blakely, private, killed on the 21st. 

Logan Vandeveer, private, badly wounded on the 21st. 

Washington Anderson, private, slightly wounded on the 

2 1 St. 

Calvin Page, private, slightly wounded on the 21st. 

Martin Walker, private, badly wounded on the 21st. 
Company D.— Caw. Mosely Baker, slightly wounded on the 21st. 

C. D. Anderson, private, slightly wounded on the 21st. 

Allen Ingram, private, badly wounded on the 21st. 
CotJipany F. — Leroy Wilkinson, private, slightly wounded on the 21st. 

James Nelson, private, wounded on the 21st. 

Mitchell Putnam, private, wounded on the 21st. 
Company H. — A. R. Stevens, private, wounded on the 21st. 

J. Tom, private, killed on the 21st. 

J. Cooper, private, badly wounded on the 21st. 

B. R. Brigham, private, killed on the 21st. 
Killed, 3; wounded, 15, Total, 18, 

SECOND REGIMENT TEXAS VOLUNTEERS. 
Comyany D. — 2D Lieut. Lamb, killed on the 21st. 

G. W. Robinson, private, severely wounded on the 21st. 

Wm. Winters, private, severely wounded on the 21st. 

1ST Sergt. Albert Gallatin, slightly wounded on the 21st. 
Company D. — E. G. RECTOR, private, slightly wounded on the 21st. 
Compafiy E. — Washington Lewis, private, severely wounded on the 21st. 
Compatiy F. — Alphonso Steel, severely wounded on the 21st. 
Company K. — iST Lieut. J. C. Hale, killed on the 21st. 
Company J. — Capt. Smith, slightly wounded on the 21st. 

1ST Sergt. Thomas P. Fowl, killed on the 21st. 

W. F. James, private, severely wounded on the 21st. 
Killed, 3 ; severely wounded, 5 ; slightly wounded, 3. Total, 11. 



Dr. Wm. Motley, wounded severely on the 21st; died since. 
A. R. Stevens, wounded severely on the 21st ; died since. 
Lieut.-Col. J. C. Neil, of the Artillery, wounded severely on the 20th. 
Wm. a. Park, of the Artillery, wounded slightly on the 21st. 
Devereaux J. WooDLiEK, of the Cavalry, wounded on the 20th. 
Olwyn J. Trask, private, of the Calvary, wounded severely on the 20th. 



Regula/r Officers and Privates in Battle. 663 



A LIST OF OFFICERS, NON-COMMISSIONED OFFICERS. AND 
PRIVATES, ENGAGED IN THE BATTLE OF SAN JACINTO, 
ON THE 2IST OF APRIL, 1836. 



Maj.-Gen. Sam. Houston, Comma7ider-in-Chicf of the Texatt Forces. 

STAFF. 

John A. Wharton Adjutajit-General. 

Geo. W. Hockley Inspector-General. 

John Forbes Commissary-General. 

William G. Cooke Assistant Inspector-Getieral. 

A. IlORTON, \ 

William H. Patton, >- • • • Aides-de-Camp, 

James Collingsworth, ) 
James H. Perry, \ 

R. Eden Handy, >• Volunteer Aides. 

R, M. Coleman, ) 

Hon. Thomas J. Rusk Secretary of War. 

William Motley Physician. 

MEDICAL STAFF. 

Alexander Ewing Surgeon 1st RegimeJit Artillery, Acting Surgeon- 
General. 

Davidson Sutgeoii \st Regitnent Volunteers. 

FiTZHUGH Asst. Su7geo7t 1st Regimott Volunteers. 

Anson Jones Surgeojt 2d Regimetit Volunteers. 

Shields Booker, ; ^^^^^ Stirgeo>ts 2d Regime}it Vohatteers. 

N. D. Labadie, ) 

ARTILLERY CORPS. 

J. C. Neil Lieutenant-Cclonel.* 

Isaac N. Moreland Captain. 

W. Stillvvell 1st Lieutenant. 

Richardson Scurry ist Sergeant. 

Thomas Plaster , 2d Sergeant. 

PRIVATES. 

T. O. Harris, T. J. Robinson, Joseph Floyd, 

Jno. M. Wade, M. Baxter, Alfred Benton, 

Hugh M. Swift, Ben. McCulloch, D. T. Dunham, 

William A. Park,t Joseph White, Willis Collins, 

Thomas Green, Thomas N. B. Green, T. C. Edwards, 

Clark M. Harman, John Ferrill, S. B. Bardwell. 

Assisted by the following regulars from the companies of Captains Teal 
and Turner : 



* Wounded on the 20th. t Wounded on the 21st. 



664 



HousiorCs Literary Hemains. 



Campbell, 
Millerman, 
Gainer, 
Cumberland, 



\ Of Teal's Co. 



Benson, I 



Clayton, 



Merwin, 

Lpcrcr 



\ Of Turner's Co. 



CAVALRY COKPS. 

MiRABEAU B. Lamar Commanding. 

Henry Karnes Captain. 

W. H, Smith Captain. 

J. R. Cook \st Lieutenant. 

Wm. H ARNESS : ^d Lieutenant. 

Lem. Gustine Physician. 



W. Secrest, 

F. Secrest, 
A. Allsbury, 
S. C. Turnage, 

D. W. Reaves, 

E. R. Rainwater, 
J. D. Elliott, 

J. P. Davis, 
J. Neil, 
N. Nixon, 

G. Deaderick, 
J. Nash, 

Isaac W. Burton, 
Jacob Duncan, 
A. W. Hill, 



PRIVATES. 

Young p. Allsbury, 
D. McKay, 
W. J. C. Pierce, 
W. King, 
Thomas Blackwell, 

Goodwin, 

J. Coker, 
W. B. Sweeney, 
Benjamin F. Smith, 
Thomas Robbins, 
Elisha Clapp, 
H. Henderson, 
George Johnson, 
J. W, Williamson, 
Wilson C. Brown, 



J. Thompson, 
John Robbins, 
William F. Young, 
James Douthatt, 
John Carpenter, 
William Taylor, 
Anthony Foster, 
Z. Y. Beauford, 
Spenser Townsend, 
James Shaw, 
William D. Redd, 

Clopper, 

P. H. Bell, 

J. W, Robinson. 



REGULARS. 

LiEUT.-CoL. Henry Millard Commanding. 

Captain John M. Allen Acting Major. 

Company A. 

Andrew Briscoe Captain. 

Martin K. Snell i^/ Lieutenant. 

Robert McClosky 2d Lietitenatit. 

Lyman F. Rounds i^^ Sergeant. 

David S. Nelson 2^ Sergeant. 

Daniel O. Driscoll 3^ Scrgeatit. 

Charles A. Ford ^th Sergeaiit. 

Richardson \st Corporal. 

Harry C. Craig 2^ Corporal. 

Bear 3^ Corporal. 

Flores Musician. 



Volunteers of Companies B and lin Battle. 665 



PRIVATES. 

Bruff, Farley, Marsh, Smith, 2d, 

Bebee, Grieves, Morton, Sullivan, 

Benton, Warner, O'Niel, Saunders, 

H. P. Brewster, Henderson, Pierce, Swain, 

Cassady, Lang, Patton, Tindall, ist, 

Dutcher, Larbartare, Rheinhart, Taylor, 

Darr], Limski, Kainer, Van Winkle, 

Elliott, Mason, Richardson, Wilkinson, 

Flynn, Montgomery, Smith, ist, Webb. 

VOLUNTEERS. 

Company B. 

A. Turner Captain. 

W. MiLLEN \st Lieutenant. 

W. W. Summers id Lieutenant. 

Charles Stewart \st Sergeajit. 

SwEARiNGER 2d Sei'geant. 

Robert Moore . . CorporaL 

Thomas Wilson Corporal. 

M. Snyder Corporal. 

privates. 

Belden, Dalrymple, Ludus, Philips, 

Bernard, Eldridge, Lind, Smith, ist, 

Bissett, Edson, Minnett, Smith, 2d, 

Browning, Harper, Mordorflf, Scheston, 

Callahan, Hogan, Massie, Sigman, 

Christie, Harvey, Moore, 2d, Tyler, 

Clarkson, Johnson, Nirlas, Woods, 

Colton, Keeland, Pascal, Wardryski. 

Covtpafiy B. 

Richard Roman Captain. 

Nicholas Dawson id Lieutenant. 

James Wharton Sergeant. 

A. Mitchell Sergeant. 

S. L. Wheeler Sergeant. 

A. Taylor Corporal. 

J, S. Egbert Corporal. 

W. Moore Corporal. 

privates. 

Angell, J. M. Jett, W. Richardson, 

G. Brown, Stev. Jett, D. Tindale, 

Joseph Barstow, A. S. Jordan, J. Vinaler, 

J. B. Bradley, S. W. Lamar, C. W. Waldron. 

B. Coles, Edward Lewis, F. F. Williams, 

J. S. Conn, J. W. B. M'Farlane, James Wilder, 

J. H. T. Dixon, A. M'Stea, W. S. Walker, 

William Dunbar, H. Miller, James Ownby. 

H. Homan, W. G. Newman, 



666 



Houston's Literary Remains. 



Company I. 

W, S. Fisher Captain, 

R. W. Carter ^d Lieutenant, 

Jones Sergeant. 

PRIVATES. 

George W. Leek, Jac. Maybee, E. Knoland, 

N. Rudder, Graves, A. H. Miles, 

J. W. Stroud, B. F. Fry, Lewellin, 

Jos. Sovereign, E. G. Marie, Joseph Joslyn, 

W. Sargeant, M'Neil, W. S. Armot, 

R. J. W. Reel, J. M. Shreve, M. W. Brigham. 

Rufus Wright, W. Pace, . P. Burt, 

Jos. McAllister, Ch. Stebbins, H. Bond, 

B. F. Starkley, R. Crittenden, Geo. Fennell, 

Day, Adam Mosier, W. Gill, 

John Morgan, J. S. Patterson, Jo. Gillespie, 

Tewister, Jos. Douane, A. J. Harris, 

Slack, George W. Mason, D. James. 

R. Banks, Thomas Pratt, 

STAFF OF THE COMMAND. 

Nicholas Lynch Adjutant. 

W. M. Carper Surgeon. 

John Smith Sergea7tt- Major. 

PiNKNEY Caldwell Quartermaster. 

FIRST REGIMENT TEXAS VOLUNTEERS. 

" Edward Burleson Colonel. 

Alex. Somerville Lieutenant-Colonel. 

JAS. W. TiNSLEY Adjutant. 

H. N. Cleveland Sergeant- Major. 

CompaJty A. 

Wm. Wood Captain. 

S. B. Raymond 2d Lieutenant. 

J. C. Allison \st Sergeant. 

jAS. A. Sylvester 2d Sergeant. 

O. T. Brown yl Sergeant. 

Nathaniel Peck ^th Sergeant. 

PRIVATES. 

Irwin Armstrong, Giles A. Giddings, Joseph Rhodes, 
Wm. H. Berryhill, James Greenwood, John W. Rial, 
Uriah Blue, Wm. Griffin, Ralph E. Sevey, 
Seymour Bottsford, Wm. C. Hays, Manasseh Sevey, 
Luke W. Bust, Thos. A. Haskin, Edw. W. Taylor, 
James Cumbo, Robert Howell, John Viven, 
Elijah V. Dale, Wm. Lockridg, George Waters, 
Abner C. Davis, J. D. Loderback, James Welsh, 
Jacob Filer. Edward Miles, Ezra Westgate. 
Simon P. Ford, Benj. Osborne, Walter Winn. 
Garner, Jas. R. Pinchback, 



Volunteers of Companies A, C\ and D in Battle. 6t57 

Company C. 

Jesse Billingsley Captain. 

MiCAH Andrews. . , Lieiite7iant. 

James A. Craft id Lieut enattt. 

RUSSEL B. Craft \st Sergeant, 

Wm. H. Magill 2^ Sergeant. 

Campbell Taylor 3^ Sergeant. 

PRIVATES. 

L. C. Cunningham, William Simmons, Gernett E. Brown, 

John Herron, George Green, Robert M. Cravens, 

Preston Conley, Geo. P. Erath, Walker Wilson, — 

Jackson Berry, Jno. W. Bunton, Prior Holden, 

Jefferson Barton, William Crisswell, Thos. H. Mays, 

Dempsey Pace, Sam. M'Clelland, A. M. Highsmith, 

Lemuel Blakely, Lewis Goodwin, James Curtis, 

George Self, Jos. Garwood, Thos. M. D nnis, 

Thomas Davy, Willis Avery, James R. Pace, 

Jacob Standefer, Jesse Halderman, John Hobson, 

Wayne Barton, Charles Williams, V. M. Bain, 

Sampson Connell, Aaron Burleson, Robert Hood, 

Logan Vandcrveer, William Standefer, Martin Walker, _. 

Washington Anderson, Calvin Gage, Dugald M'Lean, 

Thos. A. Graves. 

Company D. 

MosELEY Baker. Captain. 

J. P. Borden \st Lieutenant. 

John Pettus id Lieuiefiant. 

Joseph Baker i^^ Sergeant. 

E. O. Pettus id Sergeant. 

M. A. Bryan 3^ Sergeant. 

James Bell ist Corporal. 

James Friel id Corporal. 

Isaac L. Hill yi Corporal. 



O. D. Anderson, 
J. B. Alexander, 
John Beachom, 
T. H. Bell, 
S. R. Bostic, 
P. P. Borden, 
J. Carter, 
Samuel Davis, 
G. W. Davis, 
J. R. Foster, 
A. Greenlaw, 

Fowler, 

Hugh Frazier, 



privates. 
Robert Moore, 
Jos. McCrabb, 
Louis Rorder, 
V. W. Swearengen, 
Jos. Vermilion, 
L E. Watkins, 
A. W. Wolsey. 
W. R. Williams, 
Ellison York, 
Patrick Usher, 
J. S. Menifee, 
Paul Scarbrough, 
John Flick, 



Wm. Bernbeck, 

Millett, 

Philip Stroth, 
Andreas Voyel, 
Nicholas Peck, 
Wm. Hawkins, 
John Duncan, 
Geo. Sutherland, 
Thos. Gay, 
Joseph Miller, 
G. W. Gardner, 
Wm. Mock, 
S. H. Isbel, 



668 



Houston^ Literary Remains. 



William Isbell, J. H. ^'oney, McHenry Winburn,* 

R. Kleburg, Allen Ingraham, T. R. Jackson,* 

James Tarlton, Weppler, D. D. D. Baker.* 

Mat. Kuykendall, John Marshall, 

Company K. 

R. J. Calder Capiain. 

John Sharpe \st LunUnant. 

M. A. Bingham isl Sergeant. 

PRIVATES. 

B. Brigham, J. Hall, W. P. Scott, 

J. Conner, E. B. Halstead, R. Crawford, 

F. S. Cooke, J. W. Hassell, S. B. Mitchell, 

T. Cooke, W. Lambert, B. F. Fitch, 

S. Conner, B. Mims, W. W. Cant, 

Geo. J. Johnstone, W. Muir, J. S. Edgar, 

Granville Mills, P. D. M'Neil, J. Smith, 

Elias Baker, C. Malone, T. D. Owen, 

H. Dibble, J. Plunkett,, W. Hale, 

T, M. Fowler, W. P. Reese, A. G. Butts, 

H. Fields, C. K. Reese, D. Dederick, 

B. C. Franklin, J. A. Spicer, C. Forrister, 

J. Green, H. Stonfer, W. K. Denham. 

W. C. Hogg, J. Threadgil), 

Company F. 

Wm. J. E. Heard Captai7t. 

Wm. Eastland \st Lietttenant 

Eli Mercer \st Sergeant. 

' Wilson Lightfoot ..< 2d Sergeant. 

Alfred Kelso ist Corporal. 

Elijah Mercer id Corporal. 



Robert M'Laughlin, 
Leroy Wilkinson, 
Wm. Lightfoot, v 
Dan'el Miller, 
Jesse Robinson, 
Josiah Hagans, 
John M'Crab, 
Maxwell Steel, 
John Bigley, 
Hugh McKenzie, 
Jos. Elinger, 
John Halliet, 



privates. 
D. Dunham, 
Wm. Passe, 
James S. Lester, 
Fidelie Breeding, 
Christian Winner, 
J. Robinson, 
James Nelson, 
John Tumlinson, 
Francis Brockfield, 
Charles M. Henry, 
James Byrd, 
Nathaniel Reid, 

Wm. Waters. 



P. B. O'Conner, 
Thos. Ryons, 
John Lewis, 
Jos. Highland, 
Leander Beeson, 
Andrew Sennatt, 
S. T. Foley, 
Allen Jones, 
Thomas Adams, 
Mitchell Putnam, 
T. M. Hardiman, 
Chas. Thompson, 



* Officers belonging to the Regular service. 



Volunteeo'8 of Companies K^ F^ and H in Battle. 669 

Company H. 

Wm. W. Hill Captain.* 

R, Stevenson Commandin^:^ Company. 

H, H. Swisher \st Lieutenant. 

C. Raney \st Sergeant. 

A. R. Stevens 2d Sergeant. 

Wm. H. Miller 4//z Sergeant. 

PRIVATES. 

E. Whitesides, A. Dillard, John Craddick, 
J. S. Stump, R. Bowen, John Gafford, 
J. M. Swisher, - James Farmer, N. Mitchell, ^ 
Moses Davis, A. Lesassier, David Korneky, 
John Lyford, W. R. Dallis, Geo. Petty, 
John Tom, M. B. Gray, James Evetts, 
Nicholas Crunk, James Gray, Prosper Hope, 
Lewis Clemins, B. Doolittle, J. Powell, 
Wm. Hawkins, John Graham, Matthew Dunn, 
W. J. Cannon, James M. Hill, J. D. Jennings, 
Jacob Groce, J. Ingraham, . John C. Hunt, 

F. B. Gentry, F. K. Henderson, J. Lawrence, 
J. G. Wilkinson, Uriah Saunders, A. Carruthers, 

Daniel McKay. 



SECOND REGIMENT TEXAS VOLUNTEERS. 

Sidney Sherman . Colonel. 

Joseph L. Bennett Lieiitenajit-Colonel. 

Lysander Wells Major. 

Edward B. Wood Adjictant. 

Bennett McNelly Sergeant-Major. 

First Company. 

Hayden Arnold .' Captain. 

R. W. Smith ist Lieiitenatit. 

Isaac Edwards 2d Lieutenant. 

privates. 

Sam. Leiper, John Yancy, Crawford Grigsby, 

Peter W. Holmes, S. Yarbrough, John McCoy, 

W. P. Kincannon. Thos. G. Box, Dickinson Parker, 

Daniel Doubt, Nelson Box, Jesse Walling, 

John Moss, G. R. Mercer, J. W. Carpenter, 

E. E. Hamilton, Wm. Nabors, John Box, 

David Rusk, Wm. T. Sadler, W. E. Hallmask, 

W. F. Williams, James Mitchell, Thos. D. Brooks, 

J. W. McHorse, James E. Box, S. F. Spanks, 

H. Malena Alexin, Sam. Phillips, Howard Bailey, 

John Marvey, John B. Trenay, H. M. Brewer, 

M. G. Whitaker, Levy Perch, Stephen McLin. 

* Sick ; Company commanded by R. Stevenson. 



670 



Honstoii's Literary Remains. 



Second Company. 

Wm. Ware Captain. 

Job S. Collard isi Lieutenant. 

Geo. a. Lamb 2d Lieutenant. 

Albert Gallitin \st Sergeant. 

Wm. C. Winters id Sergeant. 

PRIVATES. 

J. F. Winters, G. W. Robbinson, James Wilson, — 

J. W. Winters, G. W. Lawrence, James Deritt, 

C. Edenburg, Wm. Cartwright, Matthew Moss, 

Lewis Cox, ' John Sadler, Jesse Thomson. 

Third Company. 

Wm. M. Logan Captain. 

Franklin Harden \st Lieutenajtt. 

B. J. Harper 2d Lieutenant. 

Edward T. Branch : i^^' Sergeant. 



privates. 

John Biddle, L. J. Dyches, C. W. Thompson, 

J. M. Maxwell, David H. McFadden, Cornelius Devore, 

M. Charencan, Thomas Orr, M. J. Brakey, 

E. Bollinger, Luke Bryan, Thos. Belnap, 

P. Bollinger, Wm. Kibbe, Wm. Duffee, 

John Slayton, E. M. Tanner, Joseph Ellender, 

Patrick Carnel, H. R. Williams, Wm. Smith, 

Wm. M. Smith, Michael Pevetoe, Wm. Robertson, 

David Choat, Lefroy Godree, W. A. Smyth, 

David Cole, Joseph Farewell, James Cole. 

Fourth Company. 

Wm. H. Patton Captain.* 

David Murphree ist Lieutejiant. 

Peter Harper 2d Lieutenant. 

John Smith ist Sergeant. 

Pendleton Rector. . 2d Sergeant. 

A. W. Breedlove 2>d Sergeant. 

G. L. Bledsoe i J/ Corporal. 

PRIVATES. 

James Bradley, Colden Denman, J. M. M'Cormack, 

J. C. Boyd, Edw. Darst, James Hayr, 

Robert Barr, R. B. Darst, Charles Hick, 

A. J. Beard, J. K. Davis, A. D. Kenyon, 

Alex. Bailey, E. Gallaher, G. W. Lewis, 

J. J. Childs, James Hall, J. Pickering, 

St. Clair Patton, S. Phillips, James Harris, 

Claiborn Rector, Thomas M'Gay, Wm. Brennan, 

* Before entered as Aide to General H. 



Volunteers of Second Hegiment in Battle. 



671 



Phineas Ripley, J. A. Barkley, \Vm. H. Jack, 

Thomas J. Sweeney, Francis Walnut, Doct. Baylor, 

J. B. Taylor, Hinton Curtis, Thos. F. Coney, 

L. Willoughby, J. B. Grice, A. Lewis, 

G. Wright, Nat. Hager, W. P. Lane, 

M. B. Atkinson, B. F. Cage, E. G. Rector. 

Thos. H. M'Intire Captam. 

John P. Gill \st Lieutenant. 

Bazil G. Ijams id Lieutettant. 

Robert D. Tyler \st Sergeant. 

John Wilkinson 2d Sergeant. 

E. G. COFFMAN 1st Corporal. 

PRIVATES. 

Wm. Boyle, J. Campbell, Placido M'Curdy, 

Benj. Bencroft, Cooper, David Odom, 

George Barker, T. Davis, G. W. Penticost, 

Wm. Bennett, Oscar Parish, S. W. Peebles, 

John Clarke, Thomas Hopkins, Sam. Sharpe, 

J. B. Coliant, Jack Lowrie, Isaac Jaques, 

John Chevis, ist, Cyrus Cepton, Isaac Maiden, 

John Chevis, 2d, Ambrose Mayer, F. Wilkinson. 

Thomas Cox, Moses Allison, 

James Gillaspie Captain. 

William Finch i.r/ Lieutenant. 

A. L. Harrison 2d Lieufe>tant. 

R. T. Choderick 1st Sergeant. 

privates. 

John Sayres, Wm. Fertilan, Alphonzo Steel, 

F. B. Lassiter, A. Montgomery, Benj. Johnson, 

M. R. Goheen, A. Lolison, F. M. Woodward, 

T. H. Webb, E. M'Millan, Wm. Peterson, 

John Peterson, S. Darling, J. C. White, 

J. Montgomery, J. W. Scolling, Robert Henry, 

T. F. Johnson, J. Richardson, Elijah Votau, 

Hez. Harris, Jennings O'Bannion, G. Crosby, 

W. F. Ferrill, Willis L. Ellis, Joel Dedrick, 

Sam. Wyley, James Walker, L. Raney. 

B. Bryant Captain. 

John C. Hale ist Lieutenant. 

A. S. Lewis 2d Lieutenant. 



Wm. Earle, 
J. S, P. Irven, 
Sim. Roberts, 



PRIVATES. 

L. H. White, 
A. M'Kenzie, 
A. Cobble, 



J. R. Johnson, 
William Pate, 
B. Lindsay, 



^ 



672 



Uoiistoii's Literary Remams. 



Joseph P. Parks, John F. Gilbert, James Clarke, 

C. Rockwell, D. Roberts, Robert Love, 
R. B. Russel, Wm. B. Scates, 

William Kimbo Captam. 

James Rowe. . \st Lieutenant. 

John Harman isl Sergeant. 

William Fisher 2d Sergeant. 

Henry Reed 3^ Sergeant. 

privates. 

D. Brown, E. O. Legrand, W. B. Bennett, 
William Bateman, D. Love, B. Green, 

J. A. Chaffin, D. H. M'Gary, J. Kent, 

H. Corsine, Thomas Maxwell, Caddell, 

Joel Crane, A. G. M'Gowan, R. Hotchkiss, 

R. T. Crane, J. W. Proctor, Thos. M. Hughes, 

Josh. Clelens, Benj. Thomas, A. Buffington, 

W, H. Davis, D. Watson, James Burch, 

S. Holeman, Lewis Wilworth, R. Burch, 

H. Hill, R. Stevenson, A. E. Manuel. 

George Hancock, G. W. Jones, 

Juan N. Seguin Captain. 

Manuel Flores \st Setgeant. 

Antonio Manchaca 2d Sejgeant. 

Nep. Flores ist Corporal. 

Ambro Rodriges 2d Corporal. 

privates. 

Antonio Cruz, Antonio Cuevies, Cecario Cormona, 

Jose Maria Mocha, Simon Ancola, Jacinto Pena, 

Euduado Samirer, Man'l Tarin, N. Nararro, 

Lucin Ennques, Pedro Henern, A. Varcinas, 

Matias Cuvier, Thorn Maldonart, Man'l Avoca. 



